U  B 

373         DEPARTMENT  OF  THE  INTERIOR 

A   I  Q  FRANKLIN  K.  LANE,  SECRETARY 


BUREAU  OF  PENSIONS 
GAYLORD  M.  SALTZGABER,  COMMISSIONER 


LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OF 


ARMY  AND  NAVY  PENSIONS 


TOGETHER  WITH 


REGULATIONS  RELATING  THERETO 

UC-NRLF 


COMPILED  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF 

PENSIONS  AND  PUBLISHED  IN  ACCORDANCE  WITH  THE 

PROVISIONS  OF  S  :CTION  4748,  REVISED  STATUTES 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1917 


3—1571 

DEPARTMENT  OF  THE  INTERIOR 

FRANKLIN  K.  LANE,  SECRETARY 

BUREAU  OF  PENSIONS 
GAYLORD  M.  SALTZGABER,  COMMISSIONER 


LAWS  OF  THE  UNITED  STATES 


GOVERNING  THE  GRANTING  OP 


ARMY  AND  NAVY  PENSIONS 


TOGETHER  WITH 


REGULATIONS  RELATING  THERETO 


COMPILED  UNDER  THE  DIRECTION  OF  THE  COMMISSIONER  OF 

PENSIONS  AND  PUBLISHED  IN  ACCORDANCE  WITH  THE 

PROVISIONS  OF  SECTION  4748,  REVISED  STATUTES 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1917 


W  B 


CONTENTS. 


Page. 

CHAP.     I.  Administrative  organization 5 

II.  Pensions  based  on  service  prior  to  March  4,  1861 9 

III.  Invalid  pensions  based  on  service  since  March  4,  1861 20 

IV.  Pensions  to  widows  and  dependent  relatives  based  on  service 

since  March  4,  1861 44 

V.  Navy  and  privateer  pension  fund 54 

VI.  Applications  and  attorneys 56 

VII.  Physical   examinations 80 

VIII.  Payment  of  pensions 83 

IX.  Miscellaneous  statutes  and  tables  of  rates 94 

X.  Crimes 114 

XI.  Information  relating  to  Army  and  Navy  pensions 129 

Index 149 

REVISED  STATUTES   QUOTED. 
Sec. 

169.  Departmental  employees,  appointment 5 

173.  Chief  clerks,  duties  of 5 

174.  Chief  clerks  to  administer  oaths 5 

183.  (Amended  by  act  Mar.  2,  1901,  and  act  Feb.  13,  1911.)     Investiga- 

tion of  misconduct,  etc.,  of  officer  or  agent  of  the  Government ; 

oaths 7 

184.  Subpoenas  for  witnesses 7 

185.  Witness  fees  in  official  investigations 7 

186.  Process  to  enforce  obedience  to  subpoena 7 

187.  Professional  assistance  ;  how  obtained 7 

190.  Prohibition  against  former  executive  department  employees 57 

224.  Loss  of  certificate  of  discharge,  duplicate  not  evidence  in  any  claim 

against  the  United  States 98 

437.  Department  of  the  Interior,  creation  of 5 

441.  Secretary  of  the  Interior,  jurisdiction  of 5 

470.  Commissioner  of  Pensions,  appointment  of 5 

471.  Commissioner  of  Pensions,  duties  of 5 

472.  Deputy  Commissioner  of  Pensions,  appointment,  etc 5 

1044.  Statute  of  limitation 114 

1045.  Fleeing  from  justice 114 

3656.  Widows'  and  minors'  half-pay  pensions 9 

1657.  Invalid  pensions  for  Florida  Indian  War 9 

1778.  Notaries  and  United  States  commissioners  may  administer  oaths 57 

1784.  Presents,  etc.,  to  superiors  prohibited 5 

2064.  Acknowledgments  before  Indian  agents 57 

2757.  Revenue  cutters  to  cooperate  with  Navy 21 

3478.  Claim  agents  to  take  oath,  etc 58 

3479.  Who  may  administer  oaths 58 

4692.  Pensions  for  disabilities  incurred  since  March  4,  1861 20 

4693.  Persons  entitled  to  pension  enumerated 20 

4694.  Limitation  in  case  of  disability  incurred  since  July  27,  1868 27 

4695.  Rate  prescribed  for  total  disability  in  accordance  with  rank 28 

4696.  Rank  when  disability  incurred  governs  rate 29 

4697.  Rates  of  pension  for  permanent  and  specific  disabilities  prior  to 

June  4,  1872 34 

4698.  Rates  of  pension  for  permanent  and  specific  disabilities  subsequent 

to  June  4,  1872 35 

M83569 


IV  CONTENTS. 

Sec. 

4698$.  Increase  of  pension  for  nonspecific  disabilities ;  commencement 40 

4699.  Divisible  rate  ($18)  ;  nonspecific  disabilities — 

4700.  Line  of  duty— sick  leave ;  veteran  furlough ;  sick  furlough 

4701.  Termination  of  service 

4702  (amended  by  act  Aug.  7,  1882).  Widows  and  minor  children,  when 

entitled 

4703.  Increase  to  widow  on  account  of  minor  child ;  period  of  payment— 

4704.  Legitimacy  of  children 

4705.  Widows  of  colored  and  Indian  soldiers;  marriage;  legitimacy  of 

children 

4706.  Abandonment  by  widow  of  minor  child  or  children  forfeits  pension ; 

date  of  commencement  to  minor 

4707.  Dependent  relatives;  succession  of  title;  commencement;  rate  and 

termination  of  pension 49 

4708  (amended  by  acts  Mar.  3,  1901,  and  Feb.  28,  1903).  Marriage,  effect 
of,  in  the  case  of  a  widow,  dependent  mother,  or  dependent 
sister  pensioner -  51-53 

4712.  Anterebellion  rates  to  be  varied  by  subsequent  laws— 

4713.  Commencement  of  anterebellion  pensions 

4715.  Two  pensions  not  allowable ;  right  of  election 

4716.  Disloyalty  bar  to  pension 

4719.  Pension  terminated  by  three  years'  failure  to  claim ;  restoration.. 

4720.  Rate,  commencement,  and  duration  of  pension  granted  by  special 

act  of  Congress;  authority  to  suspend  vested  in  Commissioner 

of  Pensions 

4722.  Missouri  Militia ;  pensions  for  survivors,  their  widows,  and  minors. 

4724.  Both  invalid  pension  and  pay  of  rank  not  allowable,  unless,  etc 97 

4725,  4726,  4727.  Half  pay  to  widows  and  children,  old  war ;  commence- 

ment   

4728.  Navy,  invalid  pensions  prior  to  March  4,  1861— 

4729.  Navy,  widow  pensions  prior  to  March  4,  1861— 

4730.  Mexican  War;  invalid  pensions 

4731.  Mexican  War ;  pensions  for  widows  and  children 15 

4732.  War  of  1812  and  various  Indian  wars,  pensions  for  widows  and 

minor  children 

4733.  Continuance  of  pension  to  certain  persons — 

4734.  Pension  not  to  be  withheld,  etc 

4735.  Widow  not  to  draw  pension  over  same  period  as  husband—  53 
474l!  Seamen    on    revenue    cutter    cooperating    with    Navy;    disabled, 

status  of 21 

4744  (amended  by  act  July  25,  1882).  Commissioner  of  Pensions  to  detail 

clerks  to  make  special  investigations  into  merits  of  claims,  etc 6 

4745  (amended  by  act  Feb.  28,  1883).  Pledge  or  transfer  of  pension 

void,  etc 114 

4746  (amended  by  act  July  7,  1898).  False  affidavits  and  postdating 

vouchers ;  penalty 117 

4747.  Pension  not  liable  to  attachment,  etc ___        93 

4748.  Printed  forms  and  instructions  to  be  furnished  free  to  applicants 

and  claimants  for  pension 56 

4749.  Certain  soldiers  and  sailors  not  to  be  deemed  deserters—  99 

4750.  Navy  pension  fund;  trustee 54 

4751.  Navy  pension  fund ;  certain  penalties  to  be  paid  into 

4752.  Navy  pension  fund;  prize  money  to  constitute 

4753.  Navy  pension  fund,  investment  of 54 

4754.  Rate  of  interest 

4755.  Navy  pensions  payable  from  fund 

4756.  Half-pay  pension  for  20  years'  service  in  Navy 

4757.  Pension  for  10  years'  service  in  Navy f>r> 

4758.  Privateer  pension  fund ;  trustee 

4759.  Privateer  pension  fund,  how  derived 

4760.  Privateer  pension  fund ;  to  be  paid  into  Treasury 

4761.  Disabled  privateersmen  placed  on  pension  list 55 

4762.  Commanding  officers  of  privateers  to  enter  names  of  wounded  or 

disabled  officers  and  seamen  in  journal 

4763.  Transcript  of  journals  to  be  transmitted  to  Secretary  of  the  Navy__        54 
4764    (amended  by  act  Mar.  3,  1891).    Pension  agents  to  send  quarterly 

voucher  to  each  pensioner,  etc 84 


CONTENTS.  V 

Sec.  Page. 

4765.  Check  to  be  drawn  to  order  of  pensioner  upon  receipt  of  satis- 
factory voucher 86 

4766    (amended  by  act  Aug.  8,  1882,  and  act  Mar.  3,  1899).    Payment  of 

pension ;  to  be  made  only  to  persons  entitled,  except,  etc__          _  86-87 
Conditions  prerequisite  to  widow's  title 48 

4767.  Vouchers,  blank  forms  of,  to  be  prepared  and  furnished  to  pension 

agents ;    notice 85 

4768.  Pension  certificate,  etc.,  to  be  forwarded  to  pension  agent 59 

4769.  Attorney  fees  to  be  paid  by  pension  agent 

4775.  Special  medical  examinations 80 

4776.  Medical  referee,  examining  surgeons,  appointment  of 

4777.  Civil  examining  surgeons,  appointment  of 80 

4783  (amended  by  a>ct  Feb.  10,  1891).    Embezzlement  of  pension  money 

by  guardian,  etc.,  penalty 116 

4785  (amended  by  act  July  4,  1884).    Fees  of  agents  and  attorneys 59 

4786  (amended  by  act  July  4,  1884).    Articles  of  agreement,  agents  and 

attorneys 60-62 

Illegal  fee ;  penalty 115 

4813    (amended  by  act  May  4,  1898).    Naval  Home  in  Philadelphia,  etc., 

payment  of  pension  to  inmates,  etc 89 

3839  (amended  by  act  Feb.  2,  1909).     Government  Hospital  for  the  In- 
sane, superintendent  and  disbursing  officer,  duties  of , 91 

5486.      (amended  by  act  Feb.  10, 1891).    Embezzlement  of  pension  money-  116 

STATUTES  AT  LAKGE   QUOTED. 

Act  March  16,  1802.  Pensions  to  the  soldiers  of  the  military  peace  estab- 
lishment  9 

Act  April  24,  1816.     Rates  in  invalid  pension  claims 9 

Resolution  May  29,  1830.  Report  to  be  made  to  Congress  in  case  of  meri- 
torious claims  not  provided  for  by  existing  law 95 

Act  March  25,  1862.     Pensions,  etc.,  to  officers  and  men  in  the  Department 

of  the  West  or  the  Department  of  the  Missouri 25 

Act  July  14,  1862.    The  provisions  of  this  act  are  embodied  in  sections 

4692,  4693,  and  4702,  Revised  Statutes 20,  44 

Act  July  16,  1862.     Western  gunboat  fleet  transferred  from  War  to  Navy 

Department 43 

Act  June  8,  1864.  Relief  of  Second  Regiment,  Third  Brigade,  Ohio  Vol- 
unteer Militia 26 

Act  March  1,  1869.     Relief  of  Bryson's  company,  Mounted  Volunteers 

Act  July  14,  1870.     Relief  of  Beaty's  company  of  Independent  Scouts 27 

Act  May  21,  1872.     Retention  of  discharge  papers,  etc.,  by  attorney  or 

agent 114 

Act  March  3,  1873.  The  provisions  of  this  act  are  embodied  in  the  Re- 
vised Statutes.  Title,  "  Pensions,"  sections  4692  to  4791. 

Act  June  6,  1874.     Special-act  pensions  equalized 94 

Act  June  18,  1874 : 

Increase  of  pension  for  loss  of  sight  of  both  eyes,  both  hands,  both 

feet,  or  other  injuries  resulting  in  total  helplessness 36 

Loss  of  arm  at  or  above  elbow,  leg  at  or  above  knee 38 

Act  March  3,  1875.     Pensions  for  widows,  minors,  and  dependent  relatives 

of  soldiers  murdered  at  Centralia,  Mo 45 

Act  February  28,  1877.     Loss  of  one  hand  and  one  foot  or  total  disability 

in  the  same 37 

Act  March  3,  1877.     Equalizing  pensions  of  certain  officers  of  the  Navy 29 

Act  March  9,  1878.  War  of  1812 ;  pensions  granted  on  account  of  service 
in ;  false  oath  deemed  perjury ;  disloyalty  not  a  bar,  etc.,  Revolu- 
tionary War  ;  widows 11-12 

Act  June  17,  1878.  Loss  of  both  hands  or  both  feet  or  the  sight  of  both 
eyes 37 

Act  June  18,  1878.  Certain  Navy  officers  ranked  for  pensionable  pur- 
poses    29 

Act  January  25,  1879.     Pensions,  commencement  of ;  arrears 41 

Act  March  1.  1879.  Pensioners  in  civil  service;  bar  to  payment  of  pen- 
sion removed 106 


yj  CONTENTS. 

Page. 

ACt  Ratrehof3ar^rs;  commencement  of  pension;  limitation  as  to  date  of 

filing  claim  for  pension;  not  applicable  to  insane  persons  or  minors 
Amputation  of  leg  at  hip  joint  -----------------  37 

Act  55S  2^*^  granted 

to  increase  or  reduce  pensions  ------------------  1f) 

Act  June  9,  1880.    Restoring  pensions  in  certain  cases- 

Act  June  16,  1880.    Rate  for  total  helplessness  increased  in  certain 

Act  February  26,  1881.     Regulating  payment  of  pensions  to  inmatei 

National  Home  for  Disabled  Volunteer  Soldiers          _  —  — 
Act  March  3,  1881.     Pensions  to  wounded  or  disabled  volunteers 
assisted  the  forces  of  the  United  States  in  Nez  Perce  Indian  war  i 
Montana,  and  to  their  widows,  etc  ------------------------------ 

ACt  Secf  2  5(  amending  sec.  4744,  Rev.  Stat).    Commissioner  of  Pensions 
to   detail   clerks   to   make   special   investigations   into   merit! 
pension  claims,  etc  --------------------- 

Sec.  3.     Subpoenas  for  witnesses  -----------------  -- 

Sec.  4.     Examining    surgeons,     appointment     of;     organiz  ^ 

Sec^      Pension  under  special  act  not  to  be  in  addition  to  that 

allowed  bv  general  law  unless  the  act  so  specifies— 
Act  August  7,  1882.    Pensions  due  inmates  of  National  Home  for 
Volunteer  Soldiers  to  be  paid  to  treasurers  -------- 

Act  August  7,  1882    (amending  sec.   4702,   Rev.   Stat.).  ,  Widows   and 
minors,  when  entitled,  etc  --------- 

Act  August  8,  1882  (amending  sec.  4766,  Rev.  Stat.)  : 

Payment  of  pension  ;  to  be  made  only  to  person  entitled,  except,  etc 
(see  also  act  Mar.  3,  1899)  ------------------- 

Inspection  of  boards  of  surgeons  ------- 

Act  February  28,  1883  (amending  sec.  4745,  Rev.  Stat).    Any  pledge  or 
transfer  of  pension  void,  and  the  pledge  or  receipt  of  the  same 
demeanor  --------------------------------------- 

Increase'  of  pension  for  loss  of  one  hand  or  one  foot  or  equivalent 
incapacity  ;  and  loss  of  arm  at  or  above  elbow  or  leg  at  or  above 
knee  ;  total  incapacity  for  manual  labor  ------ 

Pensioned  inmates  of  Soldiers'  Home,  Washington,  D..  C.,  may  all< 
portion  of  pension  ;  pension  of  inmates  not  allotted  to  be  pai 
treasurer  of  home  ------------------------------ 

Joint  resolution  February  1,  1884.    Detail  of  clerks  from  the  Pension 
Office  to  the  Pension  .Committees  of  the  House  of  Representatti 
Act  July  4,  1884: 


Attorney  fees  in  pension  cases 
Illegal  fee,  penalty 


Act  March  3,  1885:  q 

Soundness  at  enlistment  presumed— 
Increase  of  pension  for  loss  of  arm  at  shoulder  joir 

Increase  in  rate  of  pension  to  certain  widows,  minors,  and  dependents  . 


Act  MjlSSSe.    MissourrHome  Guards;  discharge  certificates  to  be 
issued  to  members  of  ----------------------------- 

Act  August  4,  1886.    Increase  of  pension  for  loss  of  arm  or  leg,  etc 
Act  January  3,  1887.     Date  of  death  fixed  in  case  of  officers,  etc.,  lost 
in  the  wreck  of  the  steamer  Jeanette;  12  months'  pay  granted  by  act 
to  be  deducted  from  pension  given  to  widows,  etc_. 
Act  January  29  1887  : 

Mexican  War  ;  pensions  to  survivors,  widows,  etc.  ;  perjury— 
One  year's  pay  given  to  widows,  etc.,  of  those  lost  in  the  wrec 
the  U   S.  S.  Ashuelot  to  be  deducted  from  any  pension  allowed. 
Act  June  7,"  1888.     Commencement  of  widow's  pension  in  claim  based 
on  death  from  disability  originating  in  the  service  and  line  of  duty- 
Act  August  14,  1888.     Desertion;   certain  appointed   and   enlisted   men 
who   served   in   the   Navy   or   Marine   Corps   during   the   Civil   War 
relieved  of  charge  of  ----------------------------------------------- 


CONTENTS.  VII 

Sec.  Page. 

Act  August  27,  1888.     Increase  for  deafness *      39 

Act  February  12,  1889.     Increase  to  $100  per  month  for  loss  of  both 

hands  37 

Act  March  1,  1889.     Pension  voucher  may  be  executed  before  United 

States  officer  free  of  charge 85 

Act  March  2,  1889    (amended  by  act  Mar.  2,  1891,  act  July  27,  1892, 

and  act  Mar.  2,  1895).     Desertion;  certain  regular  and  volunteer  sol- 
diers of  the  Mexican  and  Civil  Wars  relieved  from  charge  of 101 

Act   March  4,   1890.     Increase  for  total  helplessness;   regular  aid   and 

attendance    40 

Act  June  27,  1890 : 

Sec.  1.  Dependent  parents;  sufficiency  of  evidence  to  show  depend- 
ence; commencement  and  termination  of  pension 50 

Sec.  2  (amended  by  act  May  9,  1900).  Pensions  to  certain  soldiers 
and  sailors;  honorable  discharge  from  Rebellion  service  required; 

rate;  commencement;  rank  not  considered,  etc 29 

Sec.  8  (amended  by  act  May  9,  1900).  Widows  and  minor  children 
of  certain  soldiers  and  sailors  given  pensionable  status;  continu- 
ance of  pension  to  insane,  idiotic,  or  otherwise  permanently  help- 
less children  provided  for ' 46 

Sec.  4.  Fees  of  agents  and  attorneys 115 

Act  August  29,  1890 : 

Chief  clerks  to  administer  oaths  in  certain  cases 5 

Notaries  public  in  service  of  United  States  to  administer  oath  of 

office  free  of  charge 6 

Sec.  2  (amended  by  acts  Mar.  3,  1891,  and  May  27,  1908).  Persons 
on  active  or  retired  list  of  Army,  Navy,  or  Marine  Corps,  or  in 

Revenue-Cutter  Service  not  to  receive  pension 97 

Act  February  10,  1891  (amending  sees.  4783  and  5486,  R.  S.).  Embezzle- 
ment of  pension  money  by  guardian,  etc 116 

Act  March  2  1891  (amending  act  Mar.  2,  1889).  Desertion;  minor  dis- 
charged by  order  of  court  not  to  receive  bounty,  etc 103 

Act  March  3,  1891 : 

Sec.  1,  part.  Attorney  fees;  increase,  etc.,  claims 116 

Sec.  1,  part  (amending  act  Aug.  29,  1890,  and  extended  by  act 
May  27,  1908).  Pensions  not  to  be  paid  to  persons  on  the  active 
or  retired  list  of  the  Army,  Navy,  Marine  Corps,  or  Revenue- 
Cutter  Service 97 

Oaths;  all  clerks  detailed  as  special  examiners  authorized  to  ad- 
minister  6 

Pensions  for  members  of  Powell's  Battalion 18 

First  Kansas  Colored  Volunteers,  relief  of ;  pension  rights  to  certain 

wounded   members  of 25 

Act  July  14,   1892.     Total  disability;   rate  of  .$50  per  month  in  cases 

requiring  frequent  and  periodical  aid 40 

Act  July  26,  1892.     Declarations,  etc.,  before  whom  to  be  executed 56 

Act  July  27,  1892   (amending  act  Mar.  2,  1889).     Desertion;  limitation 

as  to  filing  application  for  removal  of  charge  extended 103 

Act  of  July  27,  1892.  Indian  wars ;  pensions  to  certain  survivors,  and  to 
their  widows ;  rate ;  honorable  discharge  and  30  days'  service  required ; 

false  oath;  disloyalty  not  a  bar 13 

Act  August  1,  1892  (amending  act  Mar.  3,  1877).  Removing  bar  to  pen- 
sion imposed  by  section  4716,  Revised  Statutes,  in  cases  where  persons 
in  rebellion  afterward  enlisted  in  the  Army  or  Navy  of  the  United 

States 96 

Act  August  5,  1892 : 

Pensions  for  Army  nurses 27 

No  attorney  fee 116 

Act  January  5, 1893.     Mexican  War ;  increase  in  rate  of  pension  to  wholly 

disabled  and  destitute  pensioned  survivors 

Act  February  3,  1893.     Indian  war  claims;  proof  of  citizenship 15 

Act  December  21,  1893.   -Pension  not  to  be  withheld  or  suspended  until 

after  notice 97 

Act  July  18,  1894.  Examining  surgeons ;  reports  of,  to  be  open  to  inspec- 
tion   82 

Act  August  23,  1894.  Pension  vouchers  may  be  executed  before  fourth- 
class  postmasters 85 


CONTENTS. 

Page. 

Joint  resolution  February  15,  1895.     Benefits  of  act  June  27,  1890,  ex- 
tended to  certain  Missouri  militiamen,  their  widows  and  minors 31 

Act  March  2,  1895 : 

Pensions  may  be  paid  to  nonresidents 

Minimum  rate  of  pension  based  on  disability  fixed  at  $6  per  month ; 

not  retroactive 41 

Desertion;  limitations  for  filing  claims  under  the  act  of  March  2, 

1889,  removed 104 

Accrued  pensions  ;  who  entitled  ;  reimbursement  claims 91 

Act  March  6,  1896.     Commencement  in  rejected,  suspended,  or  dismissed 

claims  under  the  act  of  June  27,  1890 31 

Act  March  13,  1896.     Death  presumed  from  continued  and  unexplained 

absence  for  a  period  of  seven  years 53 

Act  May  28,  1896.    Merchant  marine  service;  persons  drafted  in  time  of 
war  entitled  to  pensions,  if  wounded;  widows  and   minors  entitled, 

when    106 

Act  February  17,  1897.     Gray's  Battalion  Arkansas  Volunteers,  pensions 

granted  to  survivors  and  widows  of  members  of  said  organization 18 

Act  February  24,  1897.    Rate  of  pension,  etc.,  in  case  of  renmster 106 

Act  March  14,  1898.    Pension  of  foreign  residents  not  to  be  paid  on  power 

of    attorney 88 

Act  March  30,  1898.     Commencement   of  pension  in  cases  arising  out 

of  the  destruction  of  the  U.  S.  S.  Maine 51 

Act  April  22,  1898.    Status  of  volunteers 106 

Act  April  26,  1898.    Desertion  from  the  Army  in  time  of  war  forfeits  pen- 
sionable status  (see  act  May  11,  1908) 104 

Act  May  4,  1898  (amending  sec.  4713,  Rev.  Stat).    Pensions  01*  inmates  of 
Naval  Home  at  Philadelphia,  Pa.,  or  naval  hospitals  to  be  paid  to  the 

Secretary  of  the  Navy 89 

Act  of  July  7,  1898  (amending  sec.  4746,  Rev.  Stat.).    False  affidavits  and 

postdating  vouchers  in  pension  cases 117 

Act  February  27,  1899.    Fourth  Arkansas  Mounted  Infantry  commanded 

by  Elisha  Baxter,  relief  of 43 

Act  March  3,  1899  (amending  sec.  4766,  Rev.  Stat.)  : 

Division  of  pension,  when  made,  etc '. 87 

Conditions  prerequisite  to  widow's  title 48 

Act  April  18,  1900.    Section  4716,  Revised  Statutes,  repealed  so  far  as  it 
relates  to  claims  of  dependent  parents  based  on  service  during  the  War 

with  Spain 96 

Act  April  23,  1900.    Mexican  War  survivors ;  increase  of  pension  granted 

in  certain  cases 17 

Act  May  9,  1900  (amending  act  June  27,  1890)  : 

Certain  survivors  of  the  War  of  the  Rebellion  given  a  pensionable 
status ;  length  of  service ;  honorable  discharge ;  aggregate  dis- 
abilities to  be  rated 30 

Widows,  minors,  and  helpless  children,  when  entitled,  etc 46 

Act  May  24,  1900.    Desertion;  limitation  as  to  time  within  which  claims 

under  act  of  August  14,  1888,  may  be  filed,  removed 101 

Act  February  2,  1901.     Philippine  Scouts,  Provisional  Regiment  Porto 

Rico  Infantry;  status  of 43 

Act  March  3,  1901  (amending  sec.  4708,  Rev.  Stat.,  and  amended  by  act 
Feb.  28,  1903) : 

Remarried  widows ;  restoration  of  pension  on  renewed  widowhood ; 

conditions  of  title,  etc 51 

Attorney  fee  not  allowed 52 

Act  June  27,  1902  (extending  the  provisions  of  the  act  of  July  27,  1892)  : 

Indian  wars,  survivors  of,  to  be  pensioned ;  widows  also  entitled,  etc_        13 
Contract  entered  into  with  agents  or  attorneys  prior  to  the  passage 

of  act  void 14 

Joint  resolution  July  1,  1902 : 

Sec.  1.  Limitation  as  to  disloyalty  removed  in  certain  cases 96 

Sec.  2  (amended  by  joint  resolution  of  June  28,  1906).     As  to  final 

honorable  discharge  from  the  War  of  the  Rebellion 105 

Act  December  19,  1902.     First  Ohio  Volunteer  Light  Artillery ;  military 

service   recognized 26 

Act  January  15,  1903.     Increase  to  $40  per  month  for  total  deafness__  40 


CONTENTS.  IX 

Page. 

Act  January  21,  1903.    Sec.  22.  Militia :  Pensions  for  wounds  or  disabil- 
ities received  or  incurred  while  in  the  service  of  the  United  States 22 

Act  February  28,  1903  (amending  sec.  4708,  Rev.  Stat.,  and  act  Mar.  3, 
1901)  : 
Remarried  widows;  restoration  of  pension  on  renewed  widowhood; 

conditions  of  title,  etc " 52- 

Attorney  fee  not  allowed 53 

Act  March  2, 1903.    Increase  of  pension  for  loss  of  limbs  or  total  disability 

in  same,  etc 39 

Act  March  3,  1903.    Mexican  War ;  pensions  of  survivors  increased  to  $12 

per  month 17 

Act  April  8,  1904.     Increase  of  pension  for  total  blindness  to  $100  per 

month 37 

Act  February  20,  1905.     Government  Hospital  for  the  Insane;  payment 

and  disposition  of  pension  money  belonging  to  certain  inmates  thereof 90 

Act  February  27, 1905.    Twentieth  New  York  Volunteer  Infantry  ;  relief  of _        43 
Act  March  3,  1905.    Accrued  pension  not  to  be  paid  as  reimbursement  to 

State,  county,  or  municipal  corporations 92 

Act  April  24,  1906.     Age  a  permanent  specific  disability 32 

Act  June  22,  1906.    Clerks  to  serve  three  years  in  one  department  before 

transfer  to  another 5 

Act  June  28,  1906.     United  States  commissioners  to  have  seal,  anil  to  use 

same 57 

Joint  resolution  June  28,  1906  (amending  sec.  2,  joint  resolution  July  1, 

1902).    Effect  of  honorable  discharge  from  rebellion  service 105 

Act  June  29,  1906.    Notaries  in  the  District  of  Columbia  not  prohibited 

from  prosecuting  claims  against  the  United  States 58 

Act  February  6,  1907: 

Pensions  to  certain  survivors  of  the  Mexican  and  Civil  Wars 31 

Agents  or  attorneys  not  entitled  to  fee  for  services  under  this  act 32 

Act  March  4,  1907: 

Age  made  a  specific  disability 32 

Provisions  of  the  act  February  6,  1907,  extended  to  certain  soldiers 

and  sailors 32 

Act  April  19,  1908: 

Sec.  1.  Fixing  minimum  rate  of  pension  to  widows,  etc 47 

Sec.  2.  Pensions  granted  to  certain  widows  of  soldiers  and  sailors  of 

the  Civil  War 47 

Sec.  3.  Attorney  fee  restricted 117 

Act   April    23,    1908.  Medical    Reserve    Corps    not    entitled    to    pension 

except,    etc 22 

Act  May  11,  1908  (amending  sec.  6,  act  Apr.  26,  1898).  Desertion  from 

Army  forfeits  pensionable  rights 104 

Act  May  22,  1908.  Travel  expenses  of  .employees  at  Washington  to  be 

reported   annually 5 

Act  May  27,  1908  (see  act  Aug.  29,  1890,  and  act  Mar.  3,  1891).  Pensions 
to  officers  and  men  in  the  Revenue-Cutter  Service  on  active  or  retired 

list  prohibited 97 

Act  May  27,  1908  (amending  act  Jan.  21,  1903).  Militia,  to  promote  the 

efficiency  of.    Sections  4  and  7 22-23 

Act  May  28,  1908: 

State  and  territorial  homes;  pensioned  inmates  to  receive  pension 

direct 90 

Examining  surgeons,  increase  of  fees  to,  etc 82 

No  fee  allowed  for  services  in  connection  with  securing  pension  by 

special  act  of  Congress 117 

Reports  of  special  examiners  open  to  inspection 6 

Act  May  30,  1908 : 

Indian  wars;  pensions  to  survivors  of  Texas  Volunteers  and  their 

widows 14 

Contracts  made  with  agents  or  attorneys  prior  to  passage  of  act 

void 15 

Act  February  2,  1909  (amending  sec.  4839,  Rev.  Stat.).  Government  Hos- 
pital for  the  Insane ;  superintendent  and  disbursing  officer,  duties  of 91 

Act  March  4,  1909 : 

Additional  pension  granted  by  special  act  because  of  helpless  child 

not  to  affect  prior  rate  granted  widow 95 


X  CONTENTS. 

Act  March  4, 1909— Continued. 

Franked  envelopes  to  be  furnished  pensioners  for  return  of  vouchers 
to  pension  agents 

Reimbursement  claims  to  be  settled  by  Commissioner  of  Pensions 

Act  March  4,  1909,  Criminal  Code : 

Sec.  21  (formerly  sec.  5518,  Rev.  Stat).  Conspiracy  to  prevent  ac- 
cepting or  holding  office  under  the  United  States 118 

Sec.  28  (formerly  sees.  5418  and  5479,  Rev.  Stat.).  Forging  bond,  bid, 
public  record,  etc 

Sec.  29  (formerly  sec.  5421,  Rev.  Stat.).  Forging  deed,  power  of  at- 
torney, etc 118 

Sec.  30  ( formerly  sec.  5422,  Rev.  Stat. ) .  Having  forged  papers  in  pos- 
session  . 119 

Sec.  31.  False  acknowledgment  by  officer  having  authority  to  admin- 
ister oaths,  etc 119 

Sec.  32  (formerly  act  Apr.  18,  1884).  Falsely  pretending  to  be  u 
United  States  officer 119 

Sec.  33  (formerly  sec.  5435,  Rev.  Stat).  False  personation  of  holder 
of  public  stocks,  pensioner,  etc 119 

Sec.  34  (formerly  sec.  5436,  Rev.  Stat.).  False  demand  on  fraudulent 
power  of  attorney 119 

Sec.  35  (formerly  sec.  5438,  Rev.  Stat.).  Making  or  presenting  false 
claims 120 

Sec.  37  ( formerly  sec.  5440,  Rev.  Stat.).  Conspiracy  to  commit  an 
offense  against  the  United  States,  etc. ;  all  liable  for  acts  of  one 120 

Sec.  39  (formerly  sec.  5451,  Rev.  Stat.).  Bribery  of  United  States 
officer :_ 120 

Sec.  40  (formerly  sec.  5454,  Rev.  Stat).  Unlawfully  taking  or  using 
papers  relating  to  claims 121 

Sec.  46  (formerly  sec.  5456,  Rev.  Stat).  Robbery  or  larceny  of  per- 
sonal property  of  the  United  States 121 

Sec.  47  ( formerly  act  Mar.  3,  1875,  sec.  1).  Embezzlement,  etc.,  of 
public  property 121 

Sec.  48  (formerly  act  Mar.  3,  1875,  sec.  2).  Receivers,  etc.,  of  stolen 
property 121 

Sec.  70  (formerly  sec.  5442,  Rev.  Stat).  False  certification  by  con- 
sular officer 122 

Sec.  73  (formerly  sec.  5420,  Rev.  Stat).  Falsely  making,  altering, 
forging  or  counterfeiting  military  bounty  land  warrant 122 

Sec.  85  (formerly  sec.  5481,  Rev.  Stat.,  as*  amended  by  act  June  28, 
1906).  Extortion  by  officer,  etc.,  of  the  United  States 122 

Sec.  86  (formerly  sec.  5483,  Rev.  Stat).  Receipting  for  larger  sums 
than  are  paid 122 

Sec.  90  (formerly  sec.  5491,  Rev.  Stat).  Failure  of  officer  to  render 
accounts,  etc 122 

Sec.  94  (formerly  sec.  5495,  Rev.  Stat).  Prima  facie  evidence  of  em- 
bezzlement in  certain  cases 122 

Sec.  95  (formerly  sec.  5496,  Rev.  Stat.).    Evidence  of  conversion__          123 

Sec.  106.  False  certification  by  public  officer 123 

Sec.  109  (formerly  sec.  5498,  Rev.  Stat.).  Officer  not  to  be  interested 
in  claims  against  the  United  States 123 

Sec.  110  ( formerly  sees.  5500  and  5502,  Rev.  Stat. ) .  Member  of  Con- 
gress, etc.,  soliciting  or  accepting  bribe 123 

Sec.  Ill  (formerly  sec.  5450,  Rev.  Stat.).  Offering,  etc.,  bribe  to 
Member  of  Congress '. 124 

Sec.  112.  Member  of  Congress  taking  consideration  for  procuring 
contracts,  offices,  etc. ;  offering  him  consideration,  etc 124 

Sec.  113  (formerly  sec.  1782,  Rev.  Stat.).  Member  of  Congress  tak- 
ing compensation  in  matters  to  which  the  United  States  are  parties.  124 

Sec.  117  (formerly  sees.  5501  and  5502,  Rev.  Stat).  Officer  of  the 
United  States  accepting  bribe 125 

Sec.  125  (formerly  sec.  5392,  Rev.  Stat).    Perjury 125 

Sec.  126  (formerly  sec.  5393,  Rev.  Stat).    Subornation  or  perjury—         125 

Sec.  128  (formerly  sec.  5403,  Rev.  Stat.).  Destroying,  etc.,  public 
records 125 

Sec.  129  (formerly  sec.  5408,  Rev.  Stat).  Destroying  record  by 
officer  in  charge 125 


CONTENTS.  XI 

Act  March  4,  1909,  Criminal  Code— Continued.  Page. 
Sec.  131  (formerly  sec.  5449,  Rev.  Stat).    Bribery  of  a  public  or  judi- 
cial officer,  etc 125 

Sec.  133.    Juror,  referee,  etc.,  accepting  bribe 126 

Sec.  134.    Witness  accepting  bribe 126 

Sec.  145.     Extortion  under  threat  of  informing 126 

Sec.  146  (formerly  sec.  5390,  Rev.  Stat.).    Misprision  of  felony 126 

Sec.  148  (formerly  sec.  5414,  Rev.  Stat).    Forging  or  counterfeiting 

United  States  securities 126 

Sec.  151    (formerly  sec.  5431,  Rev.   Stat.).     Passing,  uttering,  etc., 

forged  obligations,  etc.,  of  the  United  States 126 

Sec.   154    (formerly   sec.   5434,   Rev.    Stat.).     Buying,   selling,   etc., 

forged    securities 126 

Sec.  172  (formerly  act  Feb.  10,  1891).     Counterfeit  obligations,  se- 
curities, etc.,  to  be  forfeited 127 

Sec.  332  (formerly  sec.  5427,  Rev.  Stat.).    Who  are  principals 127 

Sec.  333    (formerly  sees.  5533  and  5535,  Rev.  Stat.).     Punishment 

of    accessories 127 

Sec.  335.    Felonies  and  misdemeanors  distinguished 127 

Act  June  25, 1910.     Rural  delivery  carriers  may  execute  pension  vouchers-  85 
Act  February  13,  1911  (amending  sec.  183,  Rev.  Stat.,  as  amended  by  act 
Mar.  2,  1901).    Certain  United  States  officers  authorized  to  administer 

oaths  in  official  investigations . 7 

Joint    resolution,    February    27,    1911.      Military    records;    certain    acts 
correcting,  passed  during  the  Sixty-first  Congress,  not  to  be  construed 

as  denying  right  to  pension 104 

Act  March  3,  1911.     Army  paymasters'  clerks;  status  of 106 

Act  March  4,  1911.    False  accounts  and  reports  by  officers  of  the  United 

States;  punishment  for  making 127 

Act  May  11,  1912 : 

Pensions  to  certain  survivors  of  the  Mexican  War 18 

Pensions  to  certain  survivors  of  the  Mexican  and  Civil  Wars 32 

Sec.  2.  Rank  and  service  not  considered : 33 

Sec.  3.  Agents  or  attorneys  not  entitled  to  fee  for  services,  except 34 

Sec.  4.  Provisions  extended  to  certain  classes  of  beneficiaries 34 

Act  August  17,  1912 : 

Disbursing  clerk  for  payment  of  pensions  created 83 

Pension  agents  and  agencies  abolished 83 

Consolidation  of  agencies  authorized 83 

Sec.  2.  Secretary  to  group  pensioners 83 

Sec.  3.  Pensions  to  be  paid  without  separate  vouchers,  except 83 

Sec.  4.  Forging  indorsement,   uttering,   etc 128 

Sec.  5.  Commissioner  to  appoint  disbursing  clerk  to  act  temporarily ; 

clerks  to  sign  checks;  disbursing  clerk  to  give  bond 84 

Sec.  6.  Payment  to  inmates  of  National  Home,  D.  V.  S.,  not  affected  84 
Act  August  22,  1912.     Secretary  of  War  and  Secretary  of  Navy  to  issue 

certificates  of  discharge,  etc.,  in  true  name 98 

Act  August  24,  1912.    Records ;  copies  of  to  be  furnished ;  fees 108 

Act  February  19,  1913.     Indian  Wars ;  rates  increased 15 

Act  March  4,  1913  (amending  sec.  5,  act  May  11,  1912).     Commissioner 
to  keep  a  record  and  furnish  copies;  automatic  increase  for  age  and 

service   34 

Act  February  16,  1914.     Naval  Militia;  when  called  into  service__ 23 

Act  January  28,  1915 : 

Coast    Guard;    Revenue-Cutter    Service    and    Life-Saving    Service 

consolidated  21 

Pensions  not  to  be  paid  to  persons  on  the  active  or  retired  list 21,  97 

Act  March  3,  1915 : 

Navy  and  Marine  Corps ;  double  pension  for  disability  from  aviation 

duty    24 

Naval  reserve  established 24 

Information  relating  to  pensions 129-148 

Rates,  tables  of 108-113 

Regulations ;  governing  attorneys 63-71 

Act  March  3,  1899 71-76 

Rules  of  practice  in  pension  and  bounty-land  appeals 76-79 


XH  CONTENTS. 

Supplement — 

Act  March  21,  1916:  Duplicate  of  lost  check;  how  obtained 14!) 

Act  April  27,  1916:  Medal  of  Honor  roll,  special  pension  of  $10 149 

Act  June  3,  1916:  National  Guard  drafted  into  the  service  of  U.  S 151 

Act  June  30,  1916:  Medal  of  Honor  pensions;  how  paid 151 

Joint   Resolution,   July   1,   1916:  National    Guard,    Organized    Militia, 

and  Militia  Reserves 151 

Act  August  29,   1916:  Disability  or  death   due  to  aviation   accident, 

double    pension 151 

Act  August  29,  1916:  Section  4716,  Revised  Statutes,  repealed 151 

Act  September  8,  1916 :  Increased  rate  to  certain  widows ;   pensions 

for  certain  remarried  widows;  act  of  April  19,  1908,  amended  as  to 

date  of  marriage 152 

Act    September    8,    1916:  Bureau    of    Efficiency;    system    of    paying 

pensions 153 


FOREWORD. 


By  the  provisions  of  section  4748,  Revised  Statutes,  the  Commis- 
sioner of  Pensions  is  required  to  furnish  printed  instructions  and 
forms  necessary  in  obtaining  pension,  bounty-land,  or  other  allow- 
ance required  by  law  to  be  adjusted  or  paid  by  the  Pension  Office. 

Much  important  pension  legislation  has  been  enacted  since  the  last 
compilation  of  the  pension  laws  was  published,  and,  inasmuch  as  that 
edition  is  practically  exhausted,  the  necessity  for  a  new  publication 
embodying  all  such  legislation  is  apparent. 

The  present  edition  has  been  carefully  compiled  by  the  Commis- 
sioner with  the  assistance  of  Mr.  T.  Fletcher  Dennis,  the  law  clerk 
of  the  Bureau,  and  Mr.  Stephen  A.  Cuddy,  principal  examiner  and 
formerly  law  clerk. 

This  publication  includes  all  new  legislation  on  the  subject  of 
pensions  to  the  present  date. 

G.  M.  SALTZGABER, 

Commissioner. 

JANUARY  2,  1917. 


CHAPTER  I.    "  /,  :    :  ::r::>'-.s:  ~ 


ADMINISTRATIVE  ORGANIZATION. 

Section  437,  Revised  Statutes,  relates  to  the  creation  of  the  Depart- 
ment of  the  Interior  and  the  apointment  of  a  Secretary  of  the  Inte- 
rior to  be  the  head  thereof. 

Section  441,  Revised  Statutes,  vests  in  the  Secretary  of  the  Interior 
jurisdiction  over  pensions  and  bounty  land. 

Section  169,  Revised  Statutes,  authorizes  the  appointment  of  de- 
partmental employees. 

Section  470,  Revised  Statutes,  relates  to  the  appointment  of  a  Com- 
missioner of  Pensions. 

Section  471,  Revised  Statutes,  defines  duties  of  the  Commissioner 
of  Pensions. 

Section  472,  Revised  Statutes,  relates  to  the  appointment  of  a 
Deputy  Commissioner  of  Pensions  and  defines  his  duties. 

Sections  173  and  174,  Revised  Statutes,  define  duties  of  each  chief 
clerk  in  departments  and  bureaus  and  other  offices  connected  with 
departments. 

Act  August  29, 1890  (26  Stat.  L.,  371),  authorizes  and  directs  chief 
clerks  of  the  executive  departments  and  of  the  bureaus  and  offices 
thereof  in  Washington,  D.  C.,  on  application  and  without  compen- 
sation therefor,  to  administer  oaths  of  office  to  employees  required 
to  be  taken  on  their  appointment  or  promotion. 

Act  August  8,  1882,  amending  section  4766,  Revised  Statutes  (22 
Stat.  L.,  373),  authorizes  the  Commissioner  of  Pensions,  when  in  his 
judgment  it  is  deemed  necessary  or  proper,  to  visit  in  person,  for 
purpose  of  examination  and  inspection,  or  send  any  one  or  more  of 
the  officers  of  his  bureau  for  that  purpose,  any  of  the  medical  exam- 
ining boards  or  surgeons. 

Act  May  22,  1908  (35  Stat.  L.,  244),  provides  that  expenses  of  cer- 
tain employees  of  the  executive  departments  and  other  Government 
establishments  in  Washington,  D.  C.,  who  are  sent  to  points  outside 
of  the  District  of  Columbia,  shall  be  reported  to  Congress  at  the 
beginning  of  each  regular  session. 

Act  June  22,  1906  (34  Stat.  L.,  449),  prohibits  any  clerk  or  other 
employee  in  the  classified  service  in  any  of  the  executive  departments 
being  transferred  from  one  department  to  another  department  until 
such  clerk  or  other  employee  shall  have  served  for  a  term  of  three 
years  in  the  department  from  which  he  desires  to  be  transferred, 
i»nd  restricts  the  detail  of  civil  employees  to  the  departments  from 
outside  of  the  District  of  Columbia. 

Section  1784,  Revised  Statutes,  prohibits  the  solicitation  of  contri- 
butions from  officers,  clerks,  or  employees  for  a  present  to  those  in 


6  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

a  superior  official  position,  and  provides  that  such  officials  or  clerical 
superiors  shall  not  receive  any  gift  or  present  offered  or  presented 
to  them  from  persons  in  the  Government  employ  receiving  a  less 
salary  than  themselves,  and  that  no  officer  or  clerk  shall  make  any 
donation  as  u  ^;f>  01  present  to  any  official  superior.  The  penalty 

for  violation  of  such  provisions  is  dismissal  from  the  Government 
._^^^i  -»^»»  .».»«• » 


.ct  August  29,  1890  (26  Stat.  L.,  371),  provides  that  no  officer, 
clerk,  or  employee  of  any  executive  department,  who  is  a  notary  pub- 
lic or  other  officer  authorized  to  administer  oaths,  shall  charge  or 
receive  any  fee  or  compensation  for  administering  oaths  of  office  to 
employees  of  such  department  required  to  be  taken  on  appointment 
or  promotion. 

DETAIL  OF  CLERKS  TO  MAKE  SPECIAL  EXAMINATIONS. 

ACT    JULY   25,    1882,    AMENDING    SECTION   4744,    REVISED    STATUTES 

(22  STAT.  L.,  175). 

"  SEC.  4744.  The  Commissioner  of  Pensions  is  authorized  to  detail 
from  time  to  time  clerks  or  persons  employed  in  his  office  to  make 
special  examinations  into  the  merits  of  such  pension  or  bounty  land 
claims,  whether  pending  or  adjudicated,  as  he  may  deem  proper, 
and  to  aid  in  the  prosecution  of  any  party  appearing  on  such  exami- 
nations to  be  guilty  of  fraud,  either  in  the  presentation  or  in  pro- 
curing the  allowance  of  such  claims;  and  any  person  so  detailed 
shall  have  power  to  administer  oaths  and  take  affidavits  and  depo- 
sitions in  the  course  of  such  examinations,  and  to  orally  examine 
witnesses,  and  may  employ  a  stenographer,  when  deemed  necessary 
by  the  Commissioner  of  Pensions,  in  important  cases,  such  stenogra- 
pher to  be  paid  by  such  clerk  or  person,  and  the  amount  so  paid  to 
be  allowed  in  his  accounts." 

POWERS  AND  DUTIES   OF  SPECIAL  EXAMINERS. 
ACT  OF  MARCH  3,  1891  (26  STAT  L.,  1083). 

That  the  same  power  to  administer  oaths  and  take  affidavits,  which 
by  virtue  of  section  forty-seven  hundred  and  forty- four  of  the  Re- 
vised Statutes  is  conferred  upon  clerks  detailed  by  the  Commissioner 
of  Pensions  from  his  office  to  investigate  suspected  attempts  at  fraud 
on  the  Government  through  and  by  virtue  of  the  pension  laws,  and 
to  aid  in  prosecuting  any  person  so  offending,  shall  be,  and  is  hereby, 
extended  to  all  special  examiners  or  additional  special  examiners 
employed  under  authority  of  Congress  to  aid  in  the  same  purpose. 

REPORTS  OPEN  TO  INSPECTION. 

ACT  MAY  28,  1908   (35  STAT.  L.,  419). 

*  The  reports  of  the  special  examiners  of  the  Bureau  of 
Pensions  shall  be  open  to  inspection  and  copy  by  the  applicant  or  his 
attorney,  under  such  rules  and  regulations  as  the  Secretary  of  the 
Interior  may  prescribe. 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  7 

AUTHORITY  OF  CERTAIN  CLERKS  TO  ADMINISTER  OATHS, 

ACT   FEBRUARY   13,    1911,    AMENDING    SECTION   183,    REVISED    STAT- 
UTES (36  STAT.  L.,  898). 

"  SEC.  183.  Any  officer  or  clerk  of  any  of  the  departments  lawfully 
detailed  to  investigate  frauds  on,  or  attempts  to  defraud,  the  Gov- 
ernment, or  any  irregularity  or  misconduct  of  any  officer  or  agent 
of  the  United  States,  and  any  officer  of  the  Army,  Navy,  Marine 
Corps  or  Revenue-Cutter  Service,  detailed  to  conduct  an  investiga- 
tion, and  the  recorder,  and  if  there  be  none  the  presiding  officer,  of 
any  military,  naval,  or  Revenue-Cutter  Service  board  appointed  for 
such  purpose,  shall  have  authority  to  administer  an  oath  to  any  wit- 
ness attending  to  testify  or  depose  in  the  course  of  such  investiga- 
tion." 

SVBPOZNAS  FOR  WITNESSES. 
SECTION  184,  REVISED  STATUES. 

Any  head  of  a  Department  or  Bureau  in  which  a  claim  against 
the  United  States  is  properly  pending  may  apply  to  any  judge  or 
clerk  of  any  court  of  the  United  States,  in  any  State,  District,  or 
Territory,  to  issue  a  subpoena  for  a  witness  being  within  the  jurisdic- 
tion of  such  court,  to  appear  at  a  time  and  place  in  the  subpoena 
stated,  before  any  officer  authorized  to  take  depositions  to  be  used 
in  the  courts  of  the  United  States,  there  to  give  full  and  true  answers 
to  such  written  interrogatories  and  cross-interrogatories  as  may  be 
submitted  with  the  application,  or  to  be  orally  examined  and  cross- 
examined  upon  the  subject  of  such  claim. 

COMPENSATION    OF   WITNESSES. 
SECTION  185,  REVISED  STATUTES. 

Witnesses  subpoenaed  pursuant  to  the  preceding  section  shall  be 
allowed  the  same  compensation  as  is  allowed  witnesses  in  the  courts 
of  the  United  States. 

COMPELLING  TESTIMONY. 
SECTION  186,  REVISED  STATUTES. 

If  any  witness,  after  being  duly  served  with  such  subpoena,  neglects 
or  refuses  to  appear,  or,  appearing,  refuses  to  testify,  the  judge  of 
the  district  in  which  the  subpoena  issued  may  proceed,  upon  proper 
process,  to  enforce  obedience  to  the  subpoena,  or  to  punish  the  dis- 
obedience, in  like  manner  as  any  court  of  the  United  States  may  do 
in  case  of  process  of  subpoena  ad  testificandum  issued  by  such  court. 

PROFESSIONAL  ASSISTANCE;    HOW   OBTAINED. 
SECTION  187,  REVISED  STATUTES. 

Whenever  any  head  of  a  Department  or  Bureau  having  made  ap- 
plication pursuant  to  section  one  hundred  and  eighty-four,  for  a  sub- 
poena to  procure  the  attendance  of  a  witness  to  be  examined,  is  of 
opinion  that  the  interests  of  the  United  States  require  the  attendance 
70942°— 17 2 


8  LAWS   GOVERNING  ARMY   AND  NAVY   PENSIONS. 

of  counsel  at  the  examination,  or  require  legal  investigation  of  any 
claim  pending  in  his  Department  or  Bureau,  he  shall  give  notice 
thereof  to  the  Attorney-General,  and  of  all  facts  necessary  to  enable 
the  Attorney-General  to  furnish  proper  professional  service  in  attend- 
ing such  examination,  or  making  such  investigation,  and  it  shall  be  the 
duty  of  the  Attorney-General  to  provide  for  such  service. 

ADDITIONAL  AUTHORITY  FOE   SUBPOZNA  FOR  WITNESSES. 

ACT  JULY  25,  1882   (22  STAT.  L.,  175). 

That  in  addition  to  the  authority  conferred  by  section  one  hundred 
And  eighty-four,  title  four  of  the  Revised  Statutes,  any  judge  or 
clerk  of  any  court  of  the  United  States  in  any  State,  District,  or  Ter- 
ritory shall  have  power,  upon  the  application  of  the  Commissioner  of 
Pensions,  to  issue  a  subpoena  for  a  witness,  being  within  the  jurisdic- 
tion of  such  court,  to  appear,  at  a  time  and  place  in  the  subpu'na 
stated,  before  any  officer  authorized  to  take  depositions  to  be  used  in 
the  courts  of  the  United  States,  or  before  any  officer,  clerk,  or  person 
from  the  Pension  Bureau  designated  or  detailed  to  investigate  or  ex- 
amine into  the  merits  of  any  pension  claim  and  authorized  by  law  to 
administer  oaths  and  take  affidavits  in  such  investigation  or  exami- 
nation, there  to  give  full  and  true  answers  to  such  written  interroga- 
tories and  cross  interrogatories  as  may  be  propounded,  or  to  be  orally 
examined  and  cross-examined  upon  the  subject  of  such  claim;  anil 
witnesses  subpoenaed  pursuant  to  this  and  the  preceding  section  shall 
be  allowed  the  same  compensation  as  is  allowed  witnesses  in  the  courts 
of  the  United  States,  and  paid  in  the  same  manner. 


CHAPTER  II. 


PENSIONS  BASED  ON  SERVICE  PRIOR  TO  MARCH  4,  1861. 

The  act  of  March  16,  1802  (2  Stat.  L.,  135),  provided  pensioDS  for 
certain  officers  and  soldiers  in  the  peace  establishment,  disabled  in  line 
of  duty. 

The  act  of  April  24,  1816  (3  Stat.  L.,  296),  provided  varying  rates 
of  pension  for  officers  of  different  ranks,  and  included  in  the  benefits 
of  the  pension  laws  soldiers  of  the  militia  while  in  the  service  of  the 
United  States. 

The  act  of  March  19, 1836  (5  Stat.  L.,  7),  extends  benefits  to  volun- 
teers or  militia  called  into  service  of  United  States  to  suppress  Indian 
depredations  in  Florida  (sec.  1657  E.  S.). 

Section  4728,  Revised  Statutes,  provides  pensions  for  officers  and 
men  of  the  Navy  and  marines,  disabled  in  line  of  duty,  and  fixes  cer- 
tain relative  ranks. 

Section  4729,  Revised  Statutes,  provides  pension  for  widows  and 
children  of  those  mentioned  in  the  preceding  section,  who  have  died 
in  the  service  in  line  of  duty. 

Section  1656,  Revised  Statutes,  provides  for  half  the  monthly  pay 
for  five  years,  to  the  widows  or  children  of  officers  and  men  in  the 
service  of  the  United  States,  who  die  at  any  time  from  wounds  re- 
ceived in  the  service. 

Sections  4725,  4726,  4727,  and  4732  relate  to  half  pay  pensions  to 
widows  and  children  of  officers  and  men  of  the  regulars,  militia  and 
volunteers  of  the  War  of  1812,  and  various  Indian  wars  since  1790. 

REVOLUTIONARY  WAR. 

Section  1,  act  April  10,  1806  (2  Stat.  L.,  376),  provided  pensions 
for  known  wounds  incurred  by  those  who  rendered  service  in  said 
war.  Section  4  of  this  act  fixed  the  date  of  commencement  of  pen- 
sion, and  section  6  fixed  the  rates  of  pension. 

Acts  April  25,  1812  (2  Stat.  L.,  719) ;  May  15,  1820  (3  Stat.  L., 
597)  ;  February  4,  1822  (3  Stat.  L.,  650) ;  and  May  24,  1828  (4  Stat. 
L.,  307),  continued  in  full  force  and  effect  the  provisions  of  the 
above-cited  act  until  May  24, 1828. 

Act  March  18, 1818  (3  Stat.  L.,  410) ,  made  provision  for  granting  a 
service  pension  to  soldiers  and  sailors  who  were  in  indigent  circum- 
stances, and  act  March  1, 1823  (3  Stat.  L.,  783) ,  fixed  the  date  of  com- 
mencement of  such  pension. 

Act  May  15,  1828  (4  Stat.  L.,  269),  granted  a  service  pension  to 
officers,  noncommissioned  officers,  and  privates  who  enlisted  during 
the  war  and  continued  in  service  until  its  termination,  but  barred 


10  LAWS   GOVERNING  ARMY  AND  NAVY  PENSIONS. 

those  from  receiving  its  benefits  who  were  then  on  the  pension  roll. 
This  limitation  was  by  act  May  31, 1830  (4  Stat.  L.,  426),  removed  as 
to  officers,  and  by  act  July  14,  1832  (4  Stat.  L.,  600),  as  to  noncom- 
missioned officers,  musicians,  and  privates. 

Act  June  7, 1832  (4  Stat.  L.,  529) ,  was  the  third  act  passed  granting 
a  service  pension  to  surviving  officers  and  men  of  the  Army.  Navy, 
and  Marine  Corps  who  served  for  two  years,  and  who  were  not 
entitled  to  pension  under  the  act  of  May  15,  1828,  to  commence 
March  4,  1831,  and  to  continue  during  life;  and  to  those  serving  less 
than  two  years  but  not  less  than  six  months,  former  pensions,  how- 
ever, to  be  relinquished.  This  limitation  was  removed  by  act  Febru- 
ary 19,  1833  (4  Stat.  L.,  612),  and  construed  not  to  embrace  invalid 
pensioners. 

Acts  July  4,  1836  (Stat.  L.,  128),  and  March  3,  1837  (5  Stat.  L., 
187) ,  and  resolution  July  7, 1838  (5  Stat.  L.,  311) ,  granted  pensions  to 
widows  of  certain  officers  and  men  who  served  in  the  Army,  Navy, 
and  Marine  Corps,  as  mentioned  in  the  act  of  June  7,  1832,  but 
placed  a  limitation  as  to  date  of  marriage. 

Acts  February  2,  1848  (9  Stat.  L.,  210) ;  July  29,  1848  (9  Stat.  L., 
265)  ;  and  February  3, 1853  (10  Stat.  L.,  154) ,  extended,  and  the  act  of 
February  28,  1855  (10  Stat.  L.,  616),  removed  this  limitation  as  re- 
gards date  of  marriage. 

By  the  joint  resolution  of  July  1,  1848  (9  Stat.  L.,  336,  now  sec. 
4743,  R.  S.),  the  evidence  upon  which  a  pension  was  granted  to  an 
officer  or  soldier  of  the  Revolution  in  his  lifetime  was  made  con- 
clusive as  to  the  service  of  such  person  in  any  claim  for  pension  filed 
by  his  widow ;  and  upon  proof  by  her  that  she  was  married  to  such 
officer  or  soldier,  and  of  her  widowhood,  she  became  entitled  to  have 
her  name  placed  on  the  pension  roll  at  the  same  rate  that  such  officer 
or  soldier  received  during  his  lifetime. 

By  the  act  of  April  2,  1862  (12  Stat.  L.,  376,  now  sec.  4742.  R.  S.) , 
no  claim  for  pension  or  increase  of  pension  could  thereafter  be 
allowed  in  the  case  of  the  widow,  children,  or  other  descendants  of 
any  person  who  served  in  the  Revolution,  when  such  person  or  his 
widow  died  without  having  established  a  claim  for  pension. 

WAR  OF   1812. 

Section  14,  act  January  11, 1812  (2  Stat.  L.,  673) ;  section  5,  act  Feb- 
ruary 6, 1812  (2  Stat.  L.,  677)  ;  section  1,  act  April  16, 1816  (3  Stat.  L., 
286)  ;  section  2,  act  August  2,  1813  (3  Stat.  L.,  74)  ;  and  act  April  14, 
1842  (5  Stat.  L.,  437),  granted  invalid  pensions  to  officers  and  men  of 
the  Regular  Army  and  the  militia  who  were  wounded  or  otherwise  dis- 
abled and  to  those  warriors  of  the  Cherokee  Nation  and  the  Southern 
Indians  who  were  wounded  during  the  War  of  1812. 

By  the  act  of  February  14, 1871  (16  Stat.  L.,  411,  now  incorporated 
in  sections -473 6-4740,  R.  S.),  pensions  were  granted  to  the  surviving 
officers  and  enlisted  and  drafted  men,  including  militia  and  volun- 
teers, of  the  military  and  naval  service  of  the  United  States  who 
served  60  days  in  the  War  of  1812  and  were  honorably  discharged, 
and  to  such  other  officers  and  men,  having  less  than  60  days'  service, 
as  had  been  personally  named  in  any  resolution  of  Congress  for  any 
specific  service  in  that  war,  and  the  surviving  widows  of  such  per- 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  11 

sons,  provided  they  were  married  to  the  husbands  through  whom 
pension  is  claimed  prior  to  the  treaty  of  peace  which  terminated 
said  war. 

REVOLUTIONARY  WAR  AND  WAR  OF  1812, 
ACT  MARCH  9,  1878  (20  STAT.  K,  27). 

SECTION  1.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  and  directed  to  place  on  the  pension-rolls  the  names  of  the 
surviving  officers  and  enlisted  and  drafted  men,  without  regard  to 
color,  including  militia  and  volunteers,  of  the  military  and  naval  serv- 
ice of  the  United  States,  who  served  for  fourteen  days  in  the  war  with 
Great  Britain  of  eighteen  hundred  and  twelve,  or  who  were  in  any 
engagement  and  were  honorably  discharged,  and  the  surviving 
widows  of  such  officers  and  enlisted  and  drafted  men. 

SEC.  2.  That  this  act  shall  not  apply  to  any  person  who  is  receiving 
a  pension  at  the  rate  of  eight  dollars  per  month  or  more,  nor  to  any 
person  receiving  a  pension  of  less  than  eight  dollars  per  month, 
except  for  the  difference  between  the  pension  now  received  (if  less 
than  eight  dollars  per  month)  and  eight  dollars  per  month.  Pen- 
sions under  this  act  shall  be  at  the  rate  of  eight  dollars  per  month, 
except  as  herein  provided,  and  shall  be  paid  to  the  persons  entitled 
thereto,  from  and  after  the  passage  of  this  act,  for  and  during 
their  natural  lives :  Provided,  That  the  pensions  to  widows  provided 
for  in  this  act  shall  cease  when  they  shall  marry  again. 

SEC.  3.  That  before  the  name  of  any  person  shall  be  placed  upon  the 
pension-rolls  under  this  act  proof  shall  be  made,  under  such  rules  and 
regulations  as  the  Commissioner  of  Pensions,  with  the  approval  of 
the  Secretary  of  the  Interior,  shall  prescribe,  that  the  applicant  is 
entitled  to  a  pension  under  this  act ;  and  any  person  who  shall  falsely 
take  any  oath  required  to  be  taken  under  the  provisions  of  this  act 
shall  be  guilty  of  perjury;  and  the  Secretary  of  the  Interior  shall 
cause  to  be  stricken  from  the  rolls  the  name  of  any  person  when  it 
shall  appear,  by  proof  satisfactory  to  him,  that  such  name  was  put 
on  said  rolls  by  or  through  false  or  fraudulent  representations,  or 
by  mistake  as  to  the  right  of  such  person  to  a  pension  under  this  act. 
The  loss  or  lack  of  a  certificate  of  discharge  shall  not  deprive  the 
applicant  of  the  benefit  of  this  act,  but  other  proof  of  the  service 
performed  and  of  an  honorable  discharge,  if  satisfactory,  shall  be 
deemed  sufficient ;  and  when  there  is  no  record  evidence  of  such  serv- 
ice and  such  discharge,  the  applicant  may  establish  the  same  by  other 
satisfactory  testimony :  Provided,  That  when  any  person  has  been 
granted  a  land-warrant  under  any  act  of  Congress  for  and  on  account 
of  service  in  the  said  war  of  eighteen  hundred  and  twelve,  such 
grant  shall  be  prima  facie  evidence  of  his  service  and  honorable  dis- 
charge, so  as  to  entitle  him,  if  living,  or  his  widow,  if  he  be  dead,  to 
a  pension  under  this  act;  but  such  evidence  shall  not  be  conclusive, 
and  may  be  rebutted  by  evidence  that  such  land- warrant  was  im- 
properly granted. 

SEC.  4.  That  all  applications  for  pensions  of  the  classes  provided  for 
in  this  act  heretofore  or  which  may  hereafter  be  made  shall  be  con- 
sidered and  decided  as  though  made  under  this  act ;  and  all  laws  now 
in  force  in  regard  to  the  manner  of  paying  pensions,  and  in  reference 


12  LAWS  GOVERNING  AKMY   AND  NAVY   PENSIONS. 

to  the  punishment  of  frauds,  shall  be  applicable  to  all  claims  under 
the  provisions  of  this  act. 

SEC.  5.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  au- 
thorized and  directed  to  restore  to  the  pension  rolls  the  names  of  all 
persons  now  surviving  heretofore  pensioned  on  account  of  service  in 
the  war  of  eighteen  hundred  and  twelve  against  Great  Britain,  or  for 
service  in  any  of  the  Indian  wars,  and  whose  names  were  stricken  from 
the  rolls  in  pursuance  of  the  act  entitled  "An  act  authorizing  the  Sec- 
retary of  the  Interior  to  strike  from  the  pension-rolls  the  names  of 
such  persons  as  have  taken  up  arms  against  the  government,  or  who 
have  in  any  manner  encouraged  the  rebels,"  approved  February 
fourth,  eighteen  hundred  and  sixty-two;  and  that  the  joint  resolu- 
tion entitled  "Joint  resolution  prohibiting  payment  by  any  officer 
of  the  government  to  any  person  not  known  to  have  been  opposed  to 
the  rebellion  and  in  favor  of  its  suppression,"  approved  March  sec- 
ond, eighteen  hundred  and  sixty-seven,  and  section  forty-seven  hun- 
dred and  sixteen  of  the  Revised  Statutes  of  the  United  States,  shall 
not  apply  to  the  persons  provided  for  by  this  act :  Provided,  That  no 
money  shall  be  paid  to  anyone  on  account  of  pensions  for  the  time 
during  which  his  name  remained  stricken  from  the  rolls. 

SEC.  6.  That  the  surviving  widow  of  any  pensioner  of  the  war  of 
eighteen  hundred  and  twelve  where  the  name  of  said  pensioner  was 
stricken  from  the  pension-rolls  in  pursuance  of  the  act  entitled  "An 
act  authorizing  the  Secretary  of  the  Interior  to  strike  from  the  pen- 
sion-rolls the  names  of  such  persons  as  have  taken  up  arms  against 
the  government,  or  who  have  in  any  manner  encouraged  the  rebels," 
approved  February  fourth,  eighteen  hundred  and  ixty-two,  and 
where,  under  the  existing  provisions  of  law,  said  pensioner  died 
without  his  name  being  restored  to  the  rolls,  shall  be  entitled  to 
make  claim  for  a  pension  as  such  widow  after  the  passage  of  this 
act :  Provided,  That  no  such  arrearages  shall  be  paid  for  any  period 
prior  to  the  time  of  the  removal  of  the  disability  of  the  pensioner, 
as  provided  in  section  five:  And  provided  further,  That  under  this 
act  any  widow  of  a  revolutionary  soldier  who  served  for  fourteen 
days  or  was  in  any  engagement  shall  be  placed  upon  the  pension- 
rolls  of  the  United  States,  and  receive  a  pension  at  the  rate  of  eight 
dollars  per  month. 

SEC.  7.  That  all  laws  and  clauses  of  laws  in  conflict  with  this  act 
be,  and  they  are  hereby,  repealed. 

INDIAN  WARS  PRIOR  TO  MARCH  4,    1861. 

Section  4,  act  January  2, 1812  (2  Stat.  L.,  670),  provided  pension  for 
officers  and  men  of  the  Rangers  for  protection  of  the  frontier  of  the 
United  States  who  incurred  disabilities  by  wounds  or  otherwise  dur- 
ing the  invasion  of  any  State  or  Territory  by  any  Indian  tribe  or 
tribes. 

Section  3,  act  April  10,  1812  (2  Stat.  L.,  705),  extended  pension 
benefits  to  those  engaged  in  the  campaign  on  the  Wabash. 

Section  4,  act  June  15, 1832  (4  Stat.  L.,  533) ,  provided  for  mounted 
Rangers  who  incurred  disabilities  by  wounds  or  otherwise  in  the 
Black  Hawk  War. 

Section  5,  act  May  23, 1836  (5  Stat.  L.,  33),  gave  pension  benefits  to 
the  Volunteers  wounded  while  engaged  in  the  Creek  War. 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  13 

CERTAIN  INDIAN  WARS  FROM  1832  TO  1842. 
ACT  JULY  27,  1892    (27  STAT.  L.,  281). 

SECTION  1.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  and  directed  to  place  on  the  pension-roll  the  names  of  the 
surviving  officers  and  enlisted  men,  including  marines,  militia,  and 
volunteers  of  the  military  and  naval  service  of  the  United  States,  who 
served  for  thirty  days  in  the  Black  Hawk  war,  the  Creek  war,  the 
Cherokee  disturbances,  or  the  Florida  war  with  the  Seminole  Indians, 
embracing  a  period  from  eighteen  hundred  and  thirty-two  to  eighteen 
hundred  and  forty-two,  inclusive,  and  were  honorably  discharged, 
and  such  other  officers,  soldiers,  and  sailors  as  may  have  been  perr 
sonally  named  in  any  resolution  of  Congress,  for  any  specific  service 
in  said  Indian  wars,  although  their  term  of  service  may  have  been 
less  than  thirty  days,  and  the  surviving  widows  of  such  officers  and 
enlisted  men:  Provided,  That  such  widows  have  not  remarried: 
Provided  further,  That  this  act  shall  not  apply  to  any  person  not 
a  citizen  of  the  United  States. 

SEC.  2.  That  pensions  under  this  act  shall  be  at  the  rate  of  eight 
dollars  per  month,  and  payable  from  and  after  the  passage  of  this  act, 
for  and  during  the  natural  lives  of  the  persons  entitled  thereto. 

SEC.  3.  That  before  the  name  of  any  person  shall  be  placed  on  the 
pension  roll  under  this  act,  proof  shall  be  made,  under  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  prescribe,  of  the 
right  of  the  applicant  to  a  pension ;  and  any  person  Avho  shall  falsely 
and  corruptly  take  any  oath  required  under  this  act  shall  be  deemed 
guilty  of  perjury;  and  the  Secretary  of  the  Interior  shall  cause  to 
be  stricken  from  the  pension  roll  the  name  of  any  person  whenever 
it  shall  be  made  to  appear  by  proof  satisfactory  to  him  that  such 
name  was  put  upon  such  roll  through  false  and  fraudulent  repre- 
sentations, and  that  such  person  is  not  entitled  to  a  pension  under 
this  act.  The  loss  of  the  certificate  of  discharge  shall  not  deprive 
any  person  of  the  benefits  of  this  act,  but  other  evidence  of  service 
performed  and  of  an  honorable  discharge  may  be  deemed  sufficient. 

SEC.  4.  That  this  act  shall  not  apply  to  any  person  who  is  receiving 
a  pension  at  the  rate  of  eight  dollars  per  month  or  more,  nor  to  any 
person  receiving  a  pension  of  less  than  eight  dollars  per  month, 
except  for  the  difference  between  the  pension  now  received  (if  less 
than  eight  dollars  per  month)  and  eight  dollars  per  month. 

SEC.  o".  That  the  pension  laws  now  in  force,  which  are  not  inconsist- 
ent or  in  conflict  with  this  act,  are  hereby  made  a  part  of  this  act,  so 
far  as  they  may  be  applicable  thereto. 

SEC.  6.  That  section  forty-seven  hundred  and  sixteen  of  the  Revised* 
Statutes  is  hereby  repealed,  so  far  as  the  same  relates  to  this  act  or 
to  pensioners  under  this  act. 

CERTAIN  INDIAN  WARS  FROM  1817  TO  1858. 
ACT  OF  JUNE  27,  1902  (32  STAT.  L.,  399). 

That  the  provisions,  limitations,  and  benefits  of  the  act  entitled 
"  An  Act  granting  pensions  to  survivors  of  the  Indian  wars  of  eight- 
een hundred  and  thirty-two  to  eighteen  hundred  and  forty-two,  in- 
clusive, known  as  the  Black  Hawk  war,  Creek  war,  Cherokee  dis- 


14  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

turbances,  and  the  Seminole  war,"  approved  July  twenty-seventh, 
eighteen  hundred  and  ninety-two,  be,  and  the  same  are  hereby,  ex- 
tended, from  the  date  of  the  passage  of  this  Act,  to  the  surviving 
officers  and  enlisted  men,  including  marines,  militia,  and  volunteers 
of  the  military  and  naval  service  of  the  United  States  who  served  for 
thirty  days  or  more  and  were  honorably  discharged  under  the  United 
States  military,  State,  Territorial,  or  provisional  authorities  in  the 
Florida  and  Georgia  Seminole  Indian  war  of  eighteen  hundred  and 
seventeen  and  eighteen  hundred  and  eighteen ;  the  Fevre  River  Indian 
war  of  Illinois  of  eighteen  hundred  and  twenty-seven;  the  Sac  and 
Fox  Indian  war  of  eighteen  hundred  and  thirty-one ;  the  Sabine  In- 
dian disturbances  of  eighteen  hundred  and  thirty-six  and  eighteen 
hundred  and  thirty-seven;  the  Cayuse  Indian  war  of  eighteen  hun- 
dred and  forty-seven  and  eighteen  hundred  and  forty-eight,  on  the 
Pacific  coast;  the  Florida  wars  with  the  Seminole  Indians,  from 
eighteen  hundred  and  forty-two  to  eighteen  hundred  and  fifty-eight, 
inclusive;  the  Texas  and  New  Mexico  Indian  war  of  eighteen  hundred 
and  forty-nine  to  eighteen  hundred  and  fifty-six;  the  California 
Indian  disturbances  of  eighteen  hundred  and  fifty-one  and  eighteen 
hundred  and  fifty-two;  the  Utah  Indian  disturbances  of  eighteen 
hundred  and  fifty  to  eighteen  hundred  and  fifty-three,  inclusive,  and 
the  Oregon  and  Washington  Territory  Indian  wars  from  eighteen 
hundred  and  fifty-one  to  eighteen  hundred  and  fifty-six,  inclusive; 
and  also  to  include  the  surviving  widows  of  such  officers  and  enlisted 
men:  Provided,  That  such  widows  have  not  remarried:  And  pro- 
vided further,  That  where  there  is  no  record  of  enlistment  or  muster 
into  the  service  of  the  United  States  in  any  of  the  wars  mentioned  in 
this  Act  the  record  of  pay  by  the  United  States  shall  be  accepted  as 
full  and  satisfactory  proof  of  such  enlistment  and  service:  And  pro- 
vided further,  That  all  contracts  heretofore  made  between  the  bene- 
ficiaries under  this  Act  and  pension  attorneys  and  claim  agents  are 
hereby  declared  null  and  void.1 

PENSIONS  BASED  ON  SERVICE  OF  TEXAS  VOLUNTEERS,   1855  TO   1860. 
ACT  MAY  30,  1908   (35  STAT.  L.,  553). 

That  the  provisions,  limitations,  and  benefits  of  an  Act  entitled 
"Ah  Act  granting  pensions  to  survivors  of  the  Indian  wars  of  eight- 
een hundred  and  thirty-two  to  eighteen  hundred  and  forty-two,  in- 
clusive, known  as  the  Black  Hawk  war,  Creek  war,  Cherokee  dis- 
turbances, and  the  Seminole  war,"  approved  July  twenty-seventh, 
eighteen  hundred  and  ninety-two,  be,  and  the  same  are  hereby,  ex- 
tended from  the  date  of  the  passage  of  this  Act  to  the  surviving 
officers  and  enlisted  men  of  the  Texas  volunteers  who  served  in  the 
defense  of  the  frontier  of  that  State  against  Mexican  marauders  and 
Indian  depredations  from  the  year  eighteen  hundred  and  fifty-five 
to  the  year  eighteen  hundred  and  sixty,  inclusive ;  and  also  to  include 
the  surviving  widows  of  such  of  said  officers  and  enlisted  men :  Pro- 
vided, That  such  widows  have  not  remarried:  Prodded  -further,  That 
where  there  is  no  record  of  enlistment  or  muster  into  the  service  of 
the  United  States  in  the  service  mentioned  in  this  Act  the  fact  of 

JBy  resolution  of  Apr.  28,  1904,  33  Stat.  L.,  591.  the  military  rolls  and  records  of  tho 
Indian  wars  or  any  other  wars  prior  to  the  Civil  War  were  transferred  from  the  Interior 
Department  to  the  Record  and  Pension  Office,  War  Department. 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  15 

reimbursement  to  Texas  by  the  United  States,  as  evidenced  by  the 
muster  rolls  and  vouchers  on  file  in  the  War  Department,  shall  be 
accepted  as  full  and  satisfactory  proof  of  such  enlistment  and  serv- 
ice: And  provided  further,  That  all  contracts  heretofore  made  be- 
tween the  beneficiaries  under  this  Act  and  pension  attorneys  and 
claim  agents  are  hereby  declared  null  and  void. 

PROOF  OF  CITIZENSHIP. 
ACT  FEBRUARY  3,  1893  (27  STAT.  L.,  429). 

That  the  Commissioner  of  Pensions  be,  and  he  is  hereby,  author- 
ized and  directed  to  accept  as  sufficient  proof  of  the  citizenship  of 
an  applicant  for  pension  under  said  act  of  July  twenty-seven,  eight- 
een hundred  and  ninety-two,  the  fact  that  such  applicant  at  the  date 
of  the  application  was  an  actual  and  bona  fide  resident  of  the  United 
States. 

RATES  INCREASED. 
ACT  FEBRUARY  19,  1913  (37  STAT.  L.,  679). 

That  from  and  after  the  passage  of  this  Act  the  rate  of  pension 
to  surviving  soldiers  of  the  various  Indian  wars  who  are  now  on  the 
pension  roll  or  who  may  hereafter  be  placed  thereon  under  the  Acts 
of  July  twenty-seventh,  eighteen  hundred  and  ninety-two,  June 
twenty-seventh,  nineteen  hundred  and  two,  and  May  thirtieth,  nine- 
teen hundred  and  eight,  shall  be  twenty  dollars  per  month. 

WAR  WITH  MEXICO. 

PENSION  FOR   DISABILITY   INCURRED   IN   SERVICE. 
SECTION  4730,  REVISED  STATUTES,  MEXICAN  WAR. 

Any  officer,  noncommissioned  officer,  musician  or  private,  whether 
of  the  Regular  Army  or  volunteers  disabled  by  reason  of  injury 
received  or  disease  contracted  wThile  in  the  line  of  duty  in  actual 
service  in  the  war  with  Mexico,  or  in  going  to  or  returning  from  the 
same,  who  received  an  honorable  discharge,  shall  be  entitled  to  a  pen- 
sion proportionate  to  his  disability,  not  exceeding  for  total  disability 
half  the  pay  of  his  rank  at  the  date  at  which  he  received  the  wound 
or  contracted  the  disease  which  resulted  in  such  disability.  But  no 
pension  shall  exceed  half  die  pay  of  a  lieutenant-colonel. 

PENSIONS    FOR    WIDOWS    AND    CHILDREN    WHERE    DEATH    OF    SOLDIER    DUE    TO 

SERVICE. 

SECTION  4731,  REVISED  STATUTES,  MEXICAN  WAR. 

If  any  officer  or  other  person  referred  to  in  the  preceding  section 
has  died  or  shall  hereafter  die  by  reason  of  any  injury  received  or 
disease  contracted  under  the  circumstances  therein  set  forth,  his 
widow  shall  be  entitled  to  receive  the  same  pension  as  the  husband 
would  have  been  entitled  to  had  he  been  totally  disabled ;  and  in  case 
of  her  death  or  remarriage,  the  child  or  children  of  such  officer  or 
other  person  referred  to  in  the  preceding  section,  while  under  the  age 
of  sixteen  years,  shall  be  entitled  to  receive  the  pension.  But  the  rate 
of  pension  prescribed  by  this  and  the  preceding  section  shall  be 


16  LAWS  GOVERNING  AKMY   AND   NAVY   PENSIONS. 

varied  after  the  twenty-fifth  day  of  July,  eighteen  hundred  and 
sixty-six,  in  accordance  with  the  provisions  of  section  four  thousand 
seven  hundred  and  twelve  of  this  Title. 

SERVICE    PENSIONS;    SURVIVORS    AND    WIDOWS. 
ACT  JANUARY  29,  1887   (24  STAT.  L.,  371). 

SECTION  1.  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
authorized  and  directed  to  place  on  the  pension-roll  the  names  of  the 
surviving  officers  and  enlisted  men,  including  marines,  militia,  and 
volunteers,  of  the  military  and  naval  services  of  the  United  States, 
who  being  duly  enlisted,  actually  served  sixty  days  with  the  Army 
or  Navy  of  the  United  States  in  Mexico,  or  on  the  coasts  or  frontier 
thereof  or  en  route  thereto,  in  the  war  with  that  nation,  or  were  actu- 
ally engaged  in  a  battle  in  said  war,  and  were  honorably  discharged, 
and  to  such  other  officers  and  soldiers  and  sailors  as  may  have 
been  personally  named  in  any  resolution  of  Congress  for  any  specific 
service  in  said  war,  and  the  surviving  widow  of  such  officers  and 
enlisted  men :  Provided,  That  such  widows  have  not  remarried :  Pro- 
vided, That  every  such  officer,  enlisted  man,  or  widow  who  is  or  may 
become  sixty-two  years  of  age,  or  who  is  or  may  become  subject  to 
any  disability  or  dependency  equivalent  to  some  cause  prescribed  or 
recognized  by  the  pension  laws  of  the  United  States  as  a  sufficient 
reason  for  the  allowance  of  a  pension,  shall  be  entitled  to  the  benefits 
of  this  act ;  but  it  shall  not  be  held  to  include  any  person  not  within 
the  rule  of  age  or  disability  or  dependence  herein  defined,  or  who 
incurred  such  disability  while  in  any  manner  voluntarily  engaged  in 
or  aiding  or  abetting  the  late  rebellion  against  the  authority  of  the 
United  States. 

SEC.  2.  That  pensions  under  section  one  of  this  act  shall  be  at  the 
rate  of  eight  dollars  per  month x  and  payable  only  from  and  after  the 
passage  of  this  act,  for  and  during  the  natural  lives  of  the  persons  en- 
titled thereto,  or  during  the  continuance  of  the  disability  for  which  the 
same  shall  be  granted:  Provided,  That  section  one  of  this  act  shall 
not  apply  to  any  person  who  is  receiving  a  pension  at  the  rate  of 
eight  dollars  per  month  or  more,  nor  to  any  person  receiving  a  pen- 
sion of  less  than  eight  dollars  per  month,  except  for  the  difference  be- 
tween the  pension  now  received  (if  less  than  eight  dollars  per 
month)  and  eight  dollars  per  month. 

SEC.  3.  That  before  the  name  of  any  person  shall  be  placed  on  the 
pension-roll  under  this  Act,  proof  shall  be  made,  under  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  prescribe,  of  the  right 
of  the  applicant  to  a  pension ;  and  any  person  who  shall  falsely  and 
corruptly  take  any  oath  required  under  this  act  shall  be  deemed  guilty 
of  perjury;  and  the  Secretary  of  the  Interior  shall  cause  to  be 
stricken  from  the  pension-roll  the  name  of  any  person  whenever  it 
shall  be  made  to  appear  by  proof  satisfactory  to  him  that  such  name 
was  put  upon  such  roll  through  false  and  fraudulent  representations, 
and  that  such  person  is  not  entitled  to  a  pension  under  this  act.  The 
loss  of  the  certificate  of  discharge  shall  not  deprive  any  person  of  the 

1  Rate  of  pension  to  widows  increased  to  $12  per  month  by  sec.  1,  act  Apr.  19,  1908 
(35  Stat.  L.,  64,  c.  147).  See  p.  47. 

Rate  of  survivors  increased  by  act  Jan.  5,  1893,  act  Apr.  23,  1900,  and  act  Mar.  3,  1903. 
See  also  act  Feb.  6,  1907,  p.  31. 


LAWS   GOVERNING  AEMY  AND   NAVY   PENSIONS.  17 

benefits  of  this  act,  but  other  record  evidence  of  enlistment  and  serv- 
ice and  of  an  honorable  discharge  may  be  deemed  sufficient:  Pro- 
vided, That  when  any  person  has  been  granted  a  land-warrant,  under 
any  act  of  Congress,  for  and  on  account  of  service  in  the  said  war 
with  Mexico,  such  grant  shall  be  prima  facie  evidence  of  his  service 
and  honorable  discharge;  but  such  evidence  shall  not  be  conclusive, 
and  may  be  rebutted  by  evidence  that  such  land- warrant  was  improp- 
erly granted. 

SEC.  4.  That  the  pension  laws  now  in  force  which  are  not  inconsist- 
ent or  in  conflict  with  this  act  are  hereby  made  a  part  of  this  act,  so 
far  as  they  may  be  applicable  thereto. 

SEC.  5.  That  section  forty-seven  hundred  and  sixteen  of  the  Revised 
Statutes  is  hereby  repealed  so  far  as  the  same  relates  to  this  act  or  to 
pensioners  under  this  act. 

SEC.  6.  That  the  provisions  of  this  act  shall  not  apply  to  any  person 
while  under  the  political  disabilities  imposed  by  the  fourteenth 
amendment  to  the  constitution  of  the  United  States. 

RATES  OF  CERTAIN  SOLDIERS  INCREASED  FROM  $8  TO  $12  PER  MONTH. 
ACT  JANUARY  5,  1893   (27  STAT.  L.,  413). 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
to  increase  the  pension  of  every  pensioner  who  is  now  on  the  rolls  at 
eight  dollars  per  month  on  account  of  services  in  the  Mexican  war 
and  who  is  wholly  disabled  for  manual  labor,  and  is  in  such  destitute 
circumstances  that  eight  dollars  per  month  are  insufficient  to  provide 
him  the  necessaries  of  life,  to  twelve  dollars  per  month. 

RATES— INCREASE. 
ACT  APRIL  23.  1900  (31  STAT.  L.,  137). 

That  the  benefits  of  the  act  entitled  "An  Act  granting  increase  of 
pension  to  soldiers  of  the  Mexican  war  in  certain  cases,"  approved 
January  fifth,  eighteen  hundred  and  ninety-three,  be,  and  they  are 
hereby,  extended  to  all  survivors  of  the  Mexican  war  who  are  pen- 
sionable under  existing  Mexican  war  service  pension  laws,  and  who 
have  become  or  may  hereafter  become  wholly  disabled  for  manual 
labor  and  in  such  destitute  circumstances  that  eight  dollars  per  month 
are  insufficient  to  provide  them  the  necessaries  of  life,  irrespective  of 
the  date  of  the  granting  of  the  said  service  pension. 

RATES— INCREASE. 
ACT  MARCH  3,  1903  (32  STAT.  L.,  1228). 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
and  directed  to  place  on  the  pension  roll,  at  the  rate  of  twelve  dollars 
per  month,  all  Mexican  war  survivors  now  on  the  roll,  or  who  may 
hereafter  be  placed  on  the  roll,  under  the  Acts  of  January  twenty- 
ninth,  eighteen  hundred  and  eighty-seven,  March  third,  eighteen 
hundred  and  ninety-one,  and  February  fifth,  eighteen  hundred  and 
ninety-seven.1 

lActs  Mar.  2,  1889,  July  27,  1892,  and  Mar.  2,  1895,  relieved  certain  persons  who 
served  in  the  Mexican  War  from  the  charge  of  desertion. 


18  LAWS   GOVERNING   ARMY   AND  NAVY   PENSIONS. 

NOTES. 

The  Act  February  6,  1907  (34  Stat.  L.,  879),  provides  pensions  on 
account  of  age  and  service  of  sixty  days  in  the  War  with  Mexico,  and 
also  for  service  in  the  Civil  War. 

This  act  will  be  found  in  full  on  page  31. 

The  act  of  March  4, 1907  (34  Stat.  L.,  1406) ,  extends  the  provisions 
of  the  act  of  February  6,  1907,  relating  to  both  the  Mexican  war  and 
the  Civil  War,  and  appears  in  full  on  page  32. 

SERVICE    PENSION    OF    $30    PER    MONTH. 
ACT  MAY  11,  1912  (37  STAT.  L.,  112). 

That  any  person  who  has  served  sixty  days  or  more  in  the  military 
or  naval  service  of  the  United  States  in  the  War  with  Mexico  and 
has  been  honorably  discharged  therefrom,  shall,  upon  making  like 
proof  of  such  service,  be  entitled  to  receive  a  pension  of  thirty  dollars 
per  month. 

POWELL'S  BATTALION. 
ACT  MARCH  3,  1891  (26  STAT.  L.,  1418). 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
and  directed  to  place  on  the  pension-roll  the  names  of  all  of  the 
honorably  discharged  surviving  officers  and  enlisted  men  of  Powell's 
Battalion  of  Missouri  Mounted  Volunteers,  raised  under  the  act  of 
Congress  of  May  thirteenth,  eighteen  hundred  and  forty-six,  for 
service  during  the  war  with  Mexico;  and  the  names  of  the  surviving 
widows  of  such  officers  and  enlisted  men,  subject  to  the  limitations 
and  regulations  of  the  pension  laws%  of  the  United  States  for  pen- 
sioning the  survivors  of  the  war  with  Mexico. 

GRA^S  BATTALION. 
ACT  FEBRUARY  17,  1897   (29  STAT.  L.,  805). 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized 
and  directed  to  place  on  the  pension  roll  the  names  of  all  of  the 
honorably  discharged  surviving  officers  and  enlisted  men  of  Gray's 
Battalion  of  Arkansas  Volunteers,  raised  under  the  Act  of  Congress 
of  May  thirteenth,  eighteen  hundred  and  forty-six,  for  service  dur- 
ing the  war  with  Mexico;  and  the  names  of  surviving  widows  of 
such  officers  and  enlisted  men,  subject  to  the  limitations  and  regula- 
tions of  the  pension  laws  of  the  United  States  for  pensioning  the 
survivors  of  the  war  with  Mexico. 

PROVISIONS    OF   FORMER   ACTS   EXTENDED. 
SECTION    4712,    REVISED    STATUTES. 

The  provisions  of  this  Title  in  respect  to  the  rates  of  pension  to 
persons  whose  right  accrued  since  the  fourth  day  of  March,  eighteen 
hundred  and  sixty-one,  are  extended  to  pensioners  whose  right  to 
pension  accrued  under  general  acts  passed  since  the  war  of  the  Revo- 
lution and  prior  to  the  fourth  day  of  March,  eighteen  hundred  and 


LAWS  GOVERNING  ARMY  AND   NAVY  PENSIONS.  19 

sixty-one,  to  take  effect  from  and  after' the  twenty- fifth  day  of  July, 
eighteen  hundred  and  sixty-six ;  and  the  widows  of  revolutionary  sol- 
diers and  sailors  receiving  a  less  sum  shall  be  paid  at  the  rate  of  eight 
dollars  per  month  from  and  after  the  twenty-seventh  day  of  July, 
eighteen  hundred  and  sixty-eight.1 

CERTAIN  NAVY  RATES  NOT  TO  BE  REDUCED. 
ACT  JUNE  9,  1880  (21  STAT.  L.,  170). 

That  section  three  of  an  act  entitled  "An  act  increasing  the  pen- 
sions of  widows  and  orphans,  and  for  other  purposes,"  approved 
July  twenty-fifth,  eighteen  hundred  and  sixty-six,  and  section  thir- 
teen of  an  act  entitled  "  An  act  relating  to  pensions,"  approved  July 
twenty-seventh,  eighteen  hundred  and  sixty-eight,  and  section  forty- 
seven  hundred  and  twelve  of  the  Revised  Statutes,  shall  not  operate 
to  reduce  the  rate  of  any  pension  which  had  actually  been  allowed  to 
the  commissioned,  noncommissioned,  or  petty  officers  of  the  Navy 
or  their  widows  or  minor  children,  prior  to  the  twenty-fifth  day  of 
July,  eighteen  hundred  and  sixty-six;  and  the  Secretary  of  the  In- 
terior is  hereby  directed  to  restore  all  such  pensions  as  have  already 
been  so  reduced  to  the  rate  originally  granted  and  allowed,  to  take 
effect  from  the  date  of  such  reduction. 

COMMENCEMENT   OF   CERTAIN   PENSIONS. 
SECTION  4713,  REVISED  STATUTES. 

In  all  cases  in  which  the  cause  of  disability  or  death  originated 
in  the  service  prior  to  the  fourth  day  of  March,  eighteen  hundred 
and  sixty-one,  and  an  application  for  pension  shall  not  have  been 
filed  within  three  years  from  the  discharge  or  death  of  the  person 
on  whose  account  the  claim  is  made,  or  within  three  years  of  the 
termination  of  a  pension  previously  granted  on  account  of  the  service 
and  death  of  the  same  person,  the  pension  shall  commence  from  the 
date  of  filing  by  the  party  prosecuting  the  claim  the  last  paper 
requisite  to  establish  the  same.  But  no  claim  allowed  prior  to  the 
sixth  day  of  June,  eighteen  hundred  and  sixty-six,  shall  be  affected 
by  anything  herein  contained. 

i  Rate  increased  to  $12  per  month  by  act  Mar.  19,  1886  (see  p.  44),  in  cases  of  widows 
who  were  married  prior  to  such  date,  or  prior  to  or  during  the  service  upon  which  the 
application  for  pension  is  based. 


CHAPTER  III. 


INVALID  PENSIONS  BASED  ON  SERVICE  SINCE  MARCH  4,   1861. 

DISABILITY  PENSIONS. 
SECTION  4692,  REVISED  STATUTES. 

Every  person  specified  in  the  several  classes  enumerated  in  the 
following  section,  who  has  been,  since  the  fourth  day  of  March,  eight- 
een hundred  and  sixty-one,  or  who  is  hereafter  disabled  under  the 
conditions  therein  stated,  shall,  upon  making  due  proof  of  the  fact, 
according  to  such  forms  and  regulations  as  are  or  may  be  provided 
in  pursuance  of  law,  be  placed  on  the  list  of  invalid  pensioners  of 
the  United  States,  and  be  entitled  to  receive,  for  a  total  disability,  or 
a  permanent  specific  disability,  such  pension  as  is  hereinafter  pro- 
vided in  such  cases;  and  for  an  inferior  disability,  except  in  cases  of 
permanent  specific  disability,  for  which  the  rate  of  pension  is  ex- 
pressly provided,  an  amount  proportionate  to  that  provided  for  total 
disability ;  and  such  pension  shall  commence  as  hereinafter  provided 
and  continue  during  the  existence  of  the  disability. 

BENEFICIARIES   UNDER   PRECEDING   SECTION. 
SECTION   4693,    REVISED    STATUTES. 

The  persons  entitled  as  beneficiaries  under  the  preceding  section  are 
as  follows: 

First.  Any  officer  of  the  Army,  including  regulars,  volunteers,  and 
militia,  or  any  officer  in  the  Navy  or  Marine  Corps,  or  any  enlisted 
man,  however  employed,  in  the  military  or  naval  service  of  the  United 
States,  or  in  its  Marine  Corps,  whether  regularly  mustered  or  not,  dis- 
abled by  reason  of  any  wound  or  injury  received,  or  disease  con- 
tracted, while  in  the  service  of  the  United  States  and  in  the  line  of 
duty. 

Second.  Any  master  serving  on  a  gunboat,  or  any  pilot,  engineer, 
sailor,  or  other  person  not  regularly  mustered,  serving  upon  any  gun- 
boat or  war-vessel  of  the  United  States,  disabled  by  any  wound  or 
injury  received,  or  otherwise  incapacitated,  while  in  the  line  of  duty, 
for  procuring  his  subsistence  by  manual  labor. 

Third.  Any  person  not  an  enlisted  soldier  in  the  Army,  serving  for 
the  time  being  as  a  member  of  the  militia  of  any  State,  under  orders 
of  an  officer  of  the  United  States,  or  who  volunteered  for  the  time 
being  to  serve  with  any  regularly  organized  military  or  naval  force 
of  the  United  States,  or  who  otherwise  volunteered  and  rendered 
service  in  any  engagement  with  rebels  or  Indians,  disabled  in  conse- 
quence of  wounds  or  injury  received  in  the  line  of  duty  in  such  tem- 
porary service.  But  no  claim  of  a  State  militiaman,  or  nonenlisted 
20 


LAWS   GOVERNING  ARMY  AND   NAVY  PENSIONS.  21 

person,  on  account  of  disability  from  wounds,  or  injury  received  in 
battle  with  rebels  or  Indians,  while  temporarily  rendering  service, 
shall  be  valid  unless  prosecuted  to  a  successful  issue  pripr  to  the 
fourth  day  of  July,  eighteen  hundred  and  seventy-four. 

Fourth.  Any  acting  assistant  or  contract  surgeon  disabled  by  any 
wound  or  injury  received  or  disease  contracted  in  the  line  of  duty 
while  actually  performing  the  duties  of  assistant  surgeon  or  acting 
assistant  surgeon  with  any  military  force  in  the  field,  or  in  transittt, 
or  in  hospital. 

Fifth.  Any  provost-marshal,  deputy  provost-marshal,  or  enroll- 
ing-officer  disabled,  by  reason  of  any  wound  or  injury,  received  in 
the  discharge  of  his  duty,  to  procure  a  subsistence  by  manual  labor. 

REVENUE  CUTTERS  TO   COOPERATE  WITH  NAVY. 
SECTION    2757,    REVISED    STATUTES, 

The  revenue-cutters  shall,  whenever  the  President  bvr  directs,  co- 
operate with  the  Navy,  during  which  time  they  shall  be  under  the 
direction  of  the  Secretary  of  the  Navy,  and  the  expenses  thereof  shall 
be  defrayed  by  the  Navy  Department. 

REVENUE    CUTTERS— OFFICERS   AND   SEAMEN. 
SECTION    4741,    REVISED    STATUTES. 

The  officers  and  seamen  of  the  revenue-cutters  of  the  United  States, 
who  have  been  or  may  be  wounded  or  disabled  in  the  discharge  of 
their  duty  while  cooperating  with  the  Navy  by  order  of  the  Presi- 
dent, shall  be  entitled  to  be  placed  on  the  Navy  pension-list,  at  the 
same  rate  of  pension  and  under  the  same  regulations  and  restrictions 
as  are  provided  by  law  for  the  officers  and  seamen  of  the  Navy. 

COAST  GUARD. 
ACT  JANUARY  28,  1915  (38  STAT.  L.,  800). 

SECTION  1.  That  there  shall  be  established  in  lieu  of  the  existing 
Eevenue-Cutter  Service  and  the  Life-Saving  Service,  to  be  composed 
of  those  two  existing  organizations,  with  the  existing  officers  and  posi- 
tions and  the  incumbent  officers  and  men  of  those  two  services,  the 
Coast  Guard,  which  shall  constitute  a  part  of  the  military  forces  of 
the  United  States  and  which  shall  operate  under  the  Treasury  De- 
partment in  time  of  peace  and  operate  as  a  part  of  the  Navy,  subject 
to  the  orders  of  the  Secretary  of  the  Navy,  in  time  of  war  or  when 
the  President  shall  so  direct.  When  subject  to  the  Secretary  of  the 
Navy  in  time  of  war  the  expense  of  the  Coast  Guard  shall  be  paid 
by  the  Navy  Department:  Provided,  That  no  provision  of  this  Act 
shall  be  construed  as  giving  any  officer  of  either  the  Coast  Guard  or 
the  Navy,  military  or  other  control  at  any  time  over  any  vessel, 
officer,  or  man  of  the  other  service  except  by  direction  of  the 
President. 

SEC.  3.  *  Provided,  That  no  pension  shall  be  allowed  or 

paid  to  any  commissioned  officer,  warrant  officer,  or  enlisted  man  in 
the  Coast  Guard  either  on  the  active  or  retired  list. 


22  LAWS   GOVERNING  ARMY   AND  NAVY  PENSIONS. 

MISSOURI  MILITIA. 

SECTION  4722,  REVISED  STATUTES. 

• 

The  provisions  of  this  Title  are  extended  to  the  officers  and  pri- 
vates of  the  Missouri  State  militia,  and  the  provisional  Missouri 
militia,  disabled  by  reason  of  injury  received  or  disease  contracted 
in  the  line  of  duty  while  such  militia  was  cooperating  with  United 
States  forces,  and  the  widow  or  children  of  any  such  person,  dying 
of  injury  received  or  disease  contracted  under  the  circumstances 
herein  set  forth,  shall  be  entitled  to  the  benefits  of  this  Title.  But 
the  pensions  on  account  of  such  militia  shall  not  commence  prior  to 
the  third  day  of  March,  one  thousand  eight  hundred  and  seventy- 
three. 

MEDICAL  RESERVE  CORPS. 
ACT  APRIL  23,  1908  (35  STAT.  L.,  68). 

SEC.  9.  That  officers  of  the  Medical  Reserve  Corps  when  called 
upon  active  duty  in  the  service  of  the  United  States,  as  provided  in 
section  eight  of  this  Act,  shall  be  subject  to  the  laws,  regulations, 
and  orders  for  the  government  of  the  Regular  Army,  and  during 
the  period  of  such  service  shall  be  entitled  to  the  pay  and  allowances 
of  first  lieutenants  of  the  Medical  Corps  with  increase  for  length 
of  service  now  allowed  by  law,  said  increase  to  be  computed  only  for 
time  of  active  duty:  Provided,  That  no  officer  of  the  Medical  Re- 
serve Corps  shall  be  entitled  to  retirement  or  retirement  pay,  nor 
shall  he  be  entitled  to  pension  except  for  physical  disability  incurred 
in  the  line  of  duty  while  in  active  duty :  *  *  *. 

MILITIA  IN  SERVICE  OF  UNITED  STATES. 
ACT  JANUARY  21,  1903  (32  STAT.  L.,  779). 

SEC.  22.  That  when  any  officer,  noncommissioned  officer,  or  private 
of  the  militia  is  disabled  by  reason  of  wounds  or  disabilities  received 
or  incurred  in  the  service  of  the  United  States  he  shall  be  entitled 
to  all  the  benefits  of  the  pension  laws  existing  at  the  time  of  his 
service,  and  in  case  such  officer,,  noncommissioned  officer,  or  private 
dies  in  the  service  of  the  United  States  or  in  returning  to  his  place 
of  residence  after  being  mustered  out  of  such  service,  or  at  any  time, 
in  consequence  of  wounds  or  disabilities  received  in  such  service, 
his  widow  and  children,  if  any,  shall  be  entitled  to  all  the  benefits 
of  such  pension  laws.1 

ORGANIZED  MILITIA  CALLED   INTO   SERVICE. 
ACT  MAY  27,  1908   (35  STAT.  L.,  400). 

That  section  four  of  said  Act2  as  amended  be,  and  the  same  is 
hereby,  amended  and  reenacted  so  as  to  read  as  follows : 

"  SEC.  4.  That  whenever  the  United  States  is  invaded  or  in  danger 
of  invasion  from  any  foreign  nation,  or  of  rebellion  against  the 
authority  of  the  Government  of  the  United  States,  or  the  President 
is  unable  with  the  regular  forces  at  his  command  to  execute  the  laws 
of  the  Union,  it  shall  be  lawful  for  the  President  to  call  forth  such 

1  Sees.  4  and  7  of  this  act  amended  by  act  May  27,  1908,  following. 

2  Act  Jan.  21,   1903    (32  Stat.  L.,  779). 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  23 

number  of  the  militia  of  the  State  or  of  the  States  or  Territories 
or  of  the  District  of  Columbia  as  he  may  deem  necessary  to  repel 
such  invasion,  suppress  such  rebellion,  or  to  enable  him  to  execute 
such  laws,  and  to  issue  his  orders  for  that  purpose,  through  the 
governor  of  the  respective  State  or  Territory,  or  through  the  com- 
manding general  of  the  militia  of  the  District  of  Columbia,  from 
which  State,  Territory,  or  District  such  troops  may  be  called,  to 
such  officers  of  the  militia  as  he  may  think  proper." 

That  section  seven  of  said  Act1  as  amended  be,  and  the  same  is 
hereby,  amended  and  reenacted  so  as  to  read  as  follows : 

"  SEC.  7.  That  every  officer  and  enlisted  man  of  the  militia  who 
shall  be  called  forth  in  the  manner  hereinbefore  prescribed,  shall 
be  mustered  for  service  without  further  enlistment,  and  without 
further  medical  examination  previous  to  such  muster,  except  for 
those  States  and  Territories  which  have  not  adopted  the  standard  of 
medical  examination  prescribed  for  the  Regular  Army:  Provided, 
however,  That  any  officer  or  enlisted  man  of  the  militia  who  shall 
refuse  or  neglect  to  present  himself  for  such  muster,  upon  being 
called  forth  as  herein  prescribed,  shall  be  subject  to  trial  by  court- 
martial  and  shall  be  punished  as  such  court-martial  may  direct." 

NAVAL  MILITIA  CALLED  INTO  SERVICE. 
ACT  FEBRUARY  16,  1914    (38  STAT.  L.,  284). 

SEC.  3.  That  in  the  event  of  war,  actual  or  threatened,  with  any 
foreign  nation  involving  danger  of  invasion,  or  of  rebellion  against 
the  authority  of  the  Government  of  the  United  States,  or  whenever 
the  President  is,  in  his  judgment,  unable  with  the  regular  forces  at 
his  command  to  execute  the  laws  of  the  United  States,  it  shall  be  law- 
ful for  the  President  to  call  forth  such  number  of  the  Naval  Militia 
of  a  State  or  of  the  States,  or  Territories,  or  of  the  District  of  Co- 
lumbia, as  he  may  deem  necessary  to  repel  such  invasion,  suppress 
such  rebellion,  or  to  enable  him  to  execute  such  laws,  and  to  issue  his 
orders  for  that  purpose,  through  the  governor  of  the  respective  State 
or  Territory,  or  through  the  commanding  officer  of  the  Naval  Militia 
of  the  District  of  Columbia,  from  which  State,  Territory,  or  District 
such  Naval  Militia  may  be  called,  to  such  officers  of  the  Naval 
Militia  as  he  may  think  proper. 

SEC.  4.  That  whenever  the  President  calls  forth  all  or  any  part  of 
the  Naval  Militia  of  any  State,  Territory,  or  of  the  District  of  Co- 
lumbia, to  be  employed  in  the  service  of  the  United  States,  he  may 
specify  in  his  call  the  period  for  which  such  service  is  required,  and 
the  Naval  Militia  so  called  shall  continue  to  serve  during  the  term  so 
specified,  either  within  or  without  the  territory  of  the  United  States, 
unless  sooner  relieved  by  order  of  the  President:  Provided,  That 
if  no  period  be  stated  in  the  call  of  the  President,  the  period  shall  be 
held  to  mean  the  existence  of  the  emergency,  of  which  the  President 
shall  be  the  sole  judge :  And  provided  further,  That  no  commissioned 
officer  or  enlisted  man  of  the  Naval  Militia  shall  be  held  to  service 
beyond  the  term  of  his  existing  commission  or  enlistment :  Provided 
further,  That  when  the  military  needs  of  the  Federal  Government, 

!Act  Jan.  21,  1903  (32  Stat.  L.,  779). 
70942°— 17 3 


24  LAWS   GOVERNING  ARMY   AND  NAVY  PENSIONS. 

arising  from  the  necessity  to  execute  the  laws  of  the  United  States, 
suppress  insurrection,  or  repel  invasion,  can  not  be  met  by  the  regular 
forces,  the  Naval  Militia  qualified  as  herein  provided  and  any  exist- 
ing Naval  Reserve  now  or  hereafter  organized  shall  be  called  into  the 
service  of  the  United  States  in  advance  of  any  volunteer  naval  force 
which  it  may  then  be  determined  to  raise:  And  provided  further, 
That  nothing  herein  contained  shall  prevent  the  Secretary  of  the 
Navy,  when  vessels  are  purchased  or  otherwise  acquired  by  the  United 
States  for  a  war,  from- manning  such  vessels  by  all  or  part  of  the 
officers  and  men  then  serving  on  said  vessels. 

SEC.  19.  That  when  any  officer,  petty  officer,  or  enlisted  man  of  the 
Naval  Militia  is  disabled  by  reason  of  wounds  or  disabilities  received 
or  incurred  in  the  naval  service  of  the  United  States  in  time  of  war 
he  shall  be  entitled  to  all  the  benefits  of  the  pension  laws  existing  at 
the  time  of  his  service,  and  in  case  such  officer,  petty  officer,  or  en- 
listed man  dies  in  the  naval  service  of  the  United  States  in  time  of 
war,  or  in  returning  to  his  place  of  residence  after  being  mustered  out 
of  such  naval  service,  or  at  any  time  in  consequence  of  wounds  or 
disabilities  received  in  such  naval  service  in  time  of  war,  his  widow 
and  children,  if  any,  shall  be  entitled  to  all  the  benefits  of  such  pen- 
sion laws. 

DOUBLE   PENSION   FOR   DISABILITY    FROM   AVIATION   DUTY. 
ACT  MARCH  3,  1915  (38  STAT.  L.,  940). 

*  *  *  In  all  cases  where  an  officer  or  enlisted  man  of  the  Navy 
or  Marine  Corps  dies,  or  where  an  enlisted  man  of  the  Navy  or  Ma- 
rine corps  is  disabled  by  reason  of  any  injury  received  or  disease  con- 
tracted in  line  of  duty,  the  result  of  an  aviation  accident,  received 
while  employed  in  actual  flying  in  or  in  handling  air  craft,  the 
amount  of  pension  allowed  shall  be  double  that  authorized  to  be  paid 
should  death  or  the  disability  have  occurred  by  reason  of  an  injury 
received  or  disease  contracted  in  line  of  duty,  not  the  result  of  an 
aviation  accident. 

NAVAL  RESERVE  ESTABLISHED. 
ACT  MARCH  3,  1915  (38  STAT.  L.,  940). 

There  is  hereby  established  a  United  States  naval  reserve,  which 
shall  consist  of  citizens  of  the  United  States  who  have  been  or  may 
be  entitled  to  be  honorably  discharged  from  the  Navy  after  not  less 
than  one  four-year  term  of  enlistment  or  after  a  term  of  enlistment 
during  minority.  The  naval  reserve  shall  be  organized  under  the 
Bureau  of  Navigation  and  shall  be  governed  by  the  Articles  for  the 
Government  of  the  Navy  and  by  the  Naval  Regulations  and  Instruc- 
tions. Whenever  actively  employed  with  the  Navy,  or  whenever  em- 
ployed in  authorized  travel  to  and  from  prescribed  active  duty  with 
the  Navy,  its  members  shall  be  employed  as  members  of  the  naval 
reserve  and  shall  while  so  employed  be  held  and  considered  to  be  in 
all  respects  in  the  same  status  as  enlisted  men  of  the  Navy  on  active 
duty,  except  that  they  shall  not  be  advanced  in  rating  in  time  of 
peace.  When  not  actively  employed  with  the  Navy,  members  of  the 
naval  reserve  shall  not  be  entitled  to  any  pay,  bounty,  gratuity,  or 


LAWS   GOVERNING  ARMY  AND   NAVY    PENSIONS.  25 

pension  except  the  pay  expressly  provided  for  members  of  the  naval 
reserve  by  the  provisions  of  this  Act,  nor  shall  they  be  entitled  to 
retirement  by  reason  of  such  service  in  the  naval  reserve. 

FIRST  KANSAS  COLORED  VOLUNTEERS,  1863, 
ACT  MARCH  3,  1891  (26  STAT.  L.,  1436). 

SECTION  1.  That  all  officers  of  the  First  Kansas  Colored  Volunteers 
who  were  mustered  into  the  service  of  the  United  States  on  or  before 
•the  second  day  of  May,  eighteen  hundred  and  sixty-three,  shall  take 
rank  and  be  entitled  to  pay  from  the  date  when  they  respectively 
held  and  performed  the  duties  of  their  rank  in  said  regiment,  or  in 
the  companies  or  battalions  of  which  said  regiment  was  composed, 
of  a  rank  equal  to  the  rank  they  respectively  held  when  mustered  into 
the  service  of  the  United  States  in  said  regiment. 

SEC.  2.  That  Captain  Andrew  I.  Crew,  Corporal  Joseph  Talbot, 
Privates  Marion  Barber,  Samuel  Davis,  Henry  Gash,  Thomas  Lane, 
Allen  Rhodes,  and  John  Sixkiller,  who  were  killed  in  action  at  Island 
Mound,  Missouri,  October  twenty-eighth,  eighteen  hundred  and 
sixty-two,  whilst  on  duty  with  the  companies  and  battalions  of  which 
said  regiment  was  subsequently  composed,  shall  be  entitled  to  the 
rank,  pay,  and  emoluments  conferred  by  section  one  of  this  act. 

SEC.  3.  That  Privates  Edward  Curtis,  Jacob  Edwards,  Lazarus 
Johnson,  General  Dudley,  Manuel  Dobson,  and  Thomas  Knight,  of 
said  companies  and  battalions,  who  were  wounded  in  action  at  Island 
Mound,  Missouri,  October  twenty-eighth,  eighteen  hundred  and 
sixty-two,  but  were  not  mustered  into  the  United  States  service,  shall 
be  entitled  to  all  rights,  privileges,  and  benefits  conferred  upon 
wounded  or  disabled  soldiers  by  the  provisions  of  the  United  States 
pension  laws. 

DEPARTMENT   OF   THE   WEST   OR   OF  MISSOURI, 
ACT  MARCH  25,  1862  (12  STAT.  L.,  374). 

SECTION  1.  That  the  Secretary  of  War  be,  and  he  is  hereby,  author- 
ized and  required  to  allow  and  pay  to  the  officers,  noncommissioned 
officers,  musicians,  and  privates  who  have  been  heretofore  actually 
employed  in  the  military  service  of  the  United  States,  whether 
mustered  into  actual  service  or  not,  where  their  services  were  ac- 
cepted and  actually  employed  by  the  generals  who  have  been  in  com- 
mand of  the  department  of  the  West,  or  the  department  of  the 
Missouri,  the  pay  and  bounty  as  in  cases  of  regular  enlistment. 

SEC.  2.  That  the  officers,  noncommissioned  officers,  musicians,  and 
privates  so  employed,  who  may  have  been  wounded  or  incapacitated 
for  service,  shall  be  entitled  to  and  receive  the  pension  allowed  for 
such  disability :  Provided,  That  the  length  and  character  of  their  en- 
listment and  service  be  such  as  to  entitle  them  under  existing  laws 
to  such  pension. 

SEC.  3.  That  the  heirs  of  those  killed  in  battle,  or  of  those  who  may 
have  died  from  wounds  received  while  so  in  service,  shall  be  entitled 
to  receive  the  bounty  and  pay  to  which  they  would  have  been  entitled 
had  they  been  regularly  mustered  into  service :  Provided,  That  the 
bounty  and  pay  referred  to  in  this  act  shall  not  be  payable  unless 
their  term  of  enlistment  and  service  be  of  such  duration  as  to  entitle 
them  to  receive  the  same,  according  to  existing  laws. 


26  LAWS   GOVERNING  ARMY   AND  NAVY   PENSIONS. 

NEZ  PERCE  INDIAN  WAR. 
ACT  MARCH  3,  1881  (21  STAT.  L.,  641). 

SECTION  1.  That  each  volunteer  who  joined  the  forces  of  the 
United  States,  in  the  Territory  of  Montana,  during  the  war  with 
the  Nez  Perce  Indians,  shall  be  paid  one  dollar  per  day  during  the 
term  of  such  service,  from  the  time  that  he  left  his  home  until  he  was 
returned  thereto,  including  all  the  time  spent  in  hospital  under  treat- 
ment by  such  as  received  wounds  or  other  injuries  in  such  service. 

SEC.  2.  That  all  persons  who  were  wounded  or  disabled  in  such 
service,  and  the  heirs  of  all  who  were  killed  in  such  service,  shall  be 
entitled  to  all  the  benefits  of  the  pension  laws,  in  the  same  manner 
and  to  the  same  extent  as  if  they  had  been  duly  mustered  into  the 
regular  or  volunteer  forces  of  the  United  States. 

SECOND  OHIO  VOLUNTEER  MILITIA. 
ACT  JUNE  8,  1864  (13  STAT.  L.,  121). 

That  the  second  regiment,  third  brigade,  Ohio  volunteer  militia, 
mustered  into  the  service  of  the  United  States  at  Cincinnati,  Ohio, 
on  the  fourth  day  of  September,  eighteen  hundred  and  sixty-two, 
notwithstanding  irregularity  may  have  occurred  in  the  manner  of 
their  mustering  into  the  service  of  the  United  States,  be  paid  for 
the  time  the  officers  and  men  were  in  the  service,  respectively,  after 
being  so  mustered,  not,  however,  to  exceed  the  period  of  thirty  days. 

FIRST  OHIO  VOLUNTEER  LIGHT  ARTILLERY. 
ACT  DECEMBER  19,   1902    (32   STAT.   L.,   757). 

That  the  officers  and  enlisted  men  of  the  First  Regiment  Ohio 
Volunteer  Light  Artillery  (three  months'  service),  furnished  by  the 
State  of  Ohio,  under  the  call  of  the  President  of  the  United  States, 
issued  on  the  fifteenth  day  of  April,  eighteen  hundred  and  sixty-one, 
and  which  rendered  actual  military  service  under  the  command  of 
officers  of  the  United  States  and  in  cooperation  with  the  regularly 
organized  military  forces  of  the  United  States,  shall  be  held  and  con- 
sidered to  have  been  in  the  military  service  of  and  to  have  formed  a 
part  of  the  military  establishment  of  the  United  States  during  the 
period  for  which  said  organization  was  enlisted  and  was  in  active 
service,  and  that  the  Secretary  of  War  be,  and  he  hereby  is,  author- 
ized and  directed  to  issue  certificates  of  discharge,  upon  due  applica- 
tion and  satisfactory  proof  of  identity,  for  all  honorably  discharged 
members  of  the  said  organization:  Provided,  That  no  pay,  bounty, 
or  other  emoluments  shall  become  due  or  payable  by  virtue  of  the 
passage  of  this  Act. 

CAPT.  GOLDMAN  BRYSON'S  COMPANY,   NORTH  CAROLINA. 
ACT   MARCH   1,   1869    (15   STAT.   L.,   442). 

That  the  company  of  mounted  volunteers  raised  and  commanded 
by  Captain  Goldman  Bryson,  of  Cherokee  county,  State  of  North 
Carolina,  under  authority  of  Major-General  Rpsecrans,  and  received 
into  the  service  of  the  United  States  by  Major-General  Burnside, 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  27 

September  twenty-ninth,  eighteen  hundred  and  sixty-three,  and  such 
men  as  were  accepted  into  the  service  of  the  United  States  by  the  said 
Captain  Goldman  Bryson  within  one  month  thereafter,  and  the 
widows,  heirs,  and  legal  representatives  of  the  officers  and  enlisted 
men,  shall  be  entitled  to  pay,  bounty,  pension,  and  allowances  accord- 
ing to  their  grade  and  time  of  service  as  other  volunteers  in  the  serv- 
ice of  the  United  States,  notwithstanding  any  informality  in  their 
muster  or  enlistment  into  the  service  of  the  United  States,  under  such 
rules  and  regulations  as  may  be  adopted  by  the  proper  accounting 
officer  of  the  treasury. 

CAPT.  DAVID  BEATY'S  COMPANY  OF  INDEPENDENT   SCOUTS. 
ACT  JULY  14,  1870   (16  STAT.  L.,  653). 

That  the  organization  (commanded  by  Captain  David  Beaty  of 
Fentress  County,  Tennessee)  be,  and  the  same  is  hereby,  recognized  as 
a  part  of  the  military  force  of  the  United  States  engaged  in  suppress- 
ing the  recent  rebellion,  and  the  members  thereof,  on  making  proof 
of  actual  service,  are  declared  to  be  entitled  to  the  same  pay,  pensions, 
as  though  they  had  been  regularly  mustered  into  the  service  of  the 
United  States  as  cavalry :  Provided,  That  there  shall  be  filed  in  the 
War  Department  a  roll  of  said  company,  which  shall  be  sworn  to  by 
the  captain  and  two  lieutenants  of  said  company :  And  provided,  fur- 
ther, That  each  soldier,  upon  applying  for  payment  under  this  act, 
shall  be  required  to  make  oath  as  to  the  length  of  his  service  in  said 
company. 

PENSIONS  TO  ARMY  NURSES. 
ACT  AUGUST  5,  1892   (27  STAT.  L.,  348). 

SECTION  1.  That  all  women  employed  by  the  Surgeon  General  of 
the  Army  as  nurses,  under  contract  or  otherwise,  during  the  late 
war  of  the  rebellion,  or  who  were  employed  as  nurses  during  such 
period  by  authority  which  is  recognized  by  the  War  Department, 
and  who  rendered  actual  service  as  nurses  in  attendance  upon  the 
sick  or  wounded  in  any  regimental,  post,  camp,  or  general  hospital 
of  the  armies  of  the  United  States  for  a  period  of  six  months  or 
more,  and  who  were  honorably  relieved  from  such  service,  and  who 
are  now  or  may  hereafter  be  unable  to  earn  a  support,  shall,  upon 
making  due  proof  of  the  fact  according  to  such  rules  and  regulations 
as  the  Secretary  of.  the  Interior  may  provide,  be  placed  upon  the  list 
of  pensioners  of  the  United  States  and  be  entitled  to  receive  a  pension 
of  twelve  dollars  per  month,  and  such  pension  shall  commence  from 
the  date  of  filing  of  the  application  in  the  Pension  Office  after  the 
passage  of  this  act:  Provided,  That  no  person  shall  receive  more 
than  one  pension  for  the  same  period.1 

LINE  OF  DUTY. 
SECTION  4694,  REVISED  STATUTES. 

No  person  shall  be  entitled  to  a  pension  by  reason  of  wounds  or 
injury  received  or  disease  contracted  in  the  service  of  the  United 
States  subsequent  to  the  twenty-seventh  day  of  July,  eighteen  hun- 

iSec.  2  prohibits  compensation  for  services  in  prosecuting  claim   (see  p.  116). 


28  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

dred  and  sixty-eight,  unless  the  person  who  was  wounded,  or  injured, 
or  contracted  the  disease  was  in  the  line  of  duty ;  and,  if  in  the  mili  • 
tary  service,  was  at  the  time  actually  in  the  field,  or  on  the  march, 
or  at  some  post,  fort,  or  garrison,  or  en  route,  by  direction  of  compe- 
tent authority,  to  some  post,  fort,  or  garrison;  or,  if  in  the  naval 
service,  was  at  the  time  borne  on  the  books  of  some  ship  or  other 
vessel  of  the  United  States,  at  sea  or  in  harbor,  actually  in  com- 
mission, or  was  at  some  naval  station,  or  on  his  way,  by  direction  of 
competent  authority,  to  the  United  States,  or  to  some  other  vessel 
or  naval  station,  or  hospital. 

SICK  LEAVE  AND  VETEEAN  FURLOUGH. 
SECTION  4700,  REVISED  STATUTES. 

Officers  absent  on  sick-leave,  and  enlisted  men  absent  on  sick- 
furlough,  or  on  veteran-furlough  with  the  organization  to  which 
they  belong,  shall  be  regarded  in  the  administration  of  the  pension- 
laws  in  the  same  manner  as  if  they  were  in  the  field  or  hospital. 

RATE  FOR  TOTAL  DISABILITIES. 
SECTION  4695,  REVISED  STATUTES. 

The  pension  for  total  disability  shall  be  as  follows,  namely :  For 
lieutenant-colonel  and  all  officers  of  higher  rank  in  the  military 
service  and  in  the  Marine  Corps,  and  for  captain,  and  all  officers  of 
higher  rank,  commander,  surgeon,  paymaster,  and  chief  engineer,  re- 
spectively ranking  with  commander  by  law,  lieutenant  commanding 
and  master  commanding,  in  the  naval  service,  thirty  dollars  pel- 
month;  for  major  in  the  military  service  and  in  the  Marine  Corps, 
and  lieutenant,  surgeon,  paymaster,  and  chief  engineer,  respectively 
ranking  with  lieutenant  by  law,  and  passed  assistant  surgeon  in  the 
naval  service,  twenty-five  dollars  per  month;  for  captain  in  the  mili- 
tary service  and  in  the  Marine  Corps,  chaplain  in  the  Army,  and 
provost-marshal,  professor  of  mathematics,  master,1  assistant  sur- 
geon, assistant  paymaster,  and  chaplain  in  the  naval  service,  twenty 
dollars  per  month ;  for  first  lieutenant  in  the  military  service  and  in 
the  Marine  Corps,  acting  assistant  or  contract  surgeon,  and  deputy 
provost-marshal,  seventeen  dollars  per  month;  for  second  lieutenant 
in  the  military  service  and  in  the  Marine  Corps,  first  assistant  engi- 
neer, ensign,  and  pilot  in  the  naval  service,  and  enrolling  officer, 
fifteen  dollars  per  month;  for  cadet-midshipman,  passed  midship- 
man, midshipmen,2  clerks  of  admirals  and  paymasters  and  of  other 
officers  commanding  vessels,  second  and  third  assistant  engineer,  mas- 
ter's mate,  and  all  warrant-officers  in  the  naval  service,3  ten  dollars 
per  month ;  and  for  all  other  persons  whose  rank  or  office  is  not  men- 
tioned in  this  section,  eight  dollars  per  month;  and  the  masters, 

1  Act  Mar.  3,  1883  (22  Stat.  L.,  472),  changes  title  of  master  to  lieutenant  and  provides 
that  masters  now  on  the  list  shall  constitute  a  junior  grade  of  lieutenants. 

8  Title  of  midshipman  changed  to  ensign,  and  midshipmen  now  on  the  list  to  constitute 
a  junior  grade  of  ensigns. 

3  Boatswains,  gunners,  carpenters,  and  sail  makers  shall,  after  10  years  from  date  of 
warrant,  be  commissioned  as  chief  boatswains,  etc.,  sec.  12,  act  Mar.  3,  1899  (30  Stat.  L., 
1007),  and  after  6  years  from  date  of  warrant,  warrant  machinists  are  commissioned  as 
chief  machinists,  act  Mar.  3,  1909  (35  Stat.  L.,  771). 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  29 

pilots,  engineers,  sailors,  and  crews  upon  the  gunboats  and  war- 
vessels  shall  be  entitled  to  receive  the  pension  allowed  herein  to  those 
of  like  rank  in  the  naval  service. 

BATE   ACCORDING   TO   RANK   WHEN   DISABILITY   CONTRACTED. 

SECTION  4696,  REVISED  STATUTES. 
i 

Every  commissioned  officer  of  the  Army,  Navy,  or  Marine  Corps 
shall  receive  such  and  only  such  pension  as  is  provided  in  the  pre- 
ceding section,  for  the  rank  he  held  at  the  time  he  received  the  in- 
jury or  contracted  the  disease  which  resulted  in  the  disability,  on 
account  of  which  he  may  be  entitled  to  a  pension;  and  any  commis- 
sion or  presidential  appointment,  regularly  issued  to  such  person, 
shall  be  taken  to  determine  his  rank  from  and  after  the  date,  as  given 
in  the  body  of  the  commission  or  appointment  conferring  said  rank: 
Prowded,'That  a  vacancy  existed  in  the  rank  thereby  conferred;  that 
the  person  commissioned  was  not  disabled  for  military  duty;  and 
that  he  did  not  willfully  neglect  or  refuse  to  be  mustered. 

PASSED   ASSISTANT   ENGINEERS,   ETC. 
ACT  MARCH  3,  1877   (19  STAT.  L.,  403). 

That  from  and  after  the  passage  of  this  act,  the  pension  for  total 
disability  of  passed  assistant  engineers,  assistant  engineers,  and  cadet 
engineers  in  the  naval  service,  respectively,  shall  be  the  same  as  the 
pensions  allowed  to  officers  of  the  line  in  the  naval  service  with  whom 
they  have  relative  rank;  and  that  all  acts  or  parts  of  acts  inconsistent 
herewith  be,  and  are  hereby,  repealed.1 

LIEUTENANT   COMMANDERS  IN  NAVY. 
ACT  JUNE  18,  1878  (20  STAT.  L.,  166). 

That  from  and  after  July  sixteenth,  eighteen  hundred  and  sixty- 
two,  pensions  granted  to  lieutenant-commanders  in  the  Navy  for 
disability,  or  on  account  of  their  death,  shall  be  the  same  as  thereto- 
fore provided  for  lieutenants-commanding. 

INVALID   PENSION  FOR  90  DAYS'    SERVICE. 
ACT  JUNE  27,  1890  (26  STAT.  L.,  182). 

SEC.  2.  That  all  persons  who  served  ninety  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the  late^  war 
of  the  rebellion  and  who  have  been  honorably  discharged  therefrom, 
and  who  are  now  or  who  may  hereafter  be  suffering  from  a  mental 
or  physical  disability  of  a  permanent  character,  not  the  result  of 
their  own  vicious  habits,  which  incapacitates  them  from  the  per- 
formance of  manual  labor  in  such  a  degree  as  to  render  them  unable 
to  earn  a  support,  shall,  upon  making  due  proof  of  the  fact,  according 
to  such  rules  and  regulations  as  the  Secretary  of  the  Interior  may 
provide,  be  placed  upon  the  list  of  invalid  pensioners  of  the 

i  Relative  rank  abolished  by  act  Mar.  3,  1899  (30  Stat.  L.,  1006). 


30  LAWS  GOVERNING   ARMY   AND  NAVY   PENSIONS. 

States,  and  be  entitled  to  receive  a  pension  not  exceeding  twelve  dol- 
lars per  month,  and  not  less  than  six  dollars  per  month,  proportioned 
to  the  degree  of  inability  to  earn  a  support;  and  such  pension  shall 
commence  from  the  date  of  the  filing  of  the  application  in  the  Pen- 
sion Office,  after  the  passage  of  this  act,  upon  proof  that  the  disabil- 
ity then  existed,  and  shall  continue  during  the  existence  of  the  same : 
Provided^  That  persons  who  are  now  receiving  pensions  under  ex- 
isting laws,  or  whose  claims  are  pending  in  the  Pension  Office,  may, 
by  application  to  the  Commissioner  of  Pensions,  in  such  form  as  he 
may  prescribe,  showing  themselves  entitled  thereto,  receive  the  bene- 
fits of  this  act;  and  nothing  herein  contained  shall  be  so  construed 
as  to  prevent  any  pensioner  thereunder  from  prosecuting  his  claim 
and  receiving  his  pension  under  any  other  general  or  special  act: 
Provided^  however,  That  no  person  shall  receive  more  than  one  pen- 
sion for  the  same  period:  And  provided  further,  That  rank  in  the 
service  shall  not  be  considered  in  applications  filed  under  this  act.1 

AMENDING  ACT  OF  JUNE  27,  1890. 
ACT  MAY  9,  1900  (31  STAT.  L.,  170). 

That  sections  two  and  three  of  an  Act  entitled  "An  Act  granting 
pensions  to  soldiers  and  sailors  who  are  incapacitated  for  the  per- 
formance of  manual  labor,  and  providing  for  pensions  to  widows, 
minor  children,  and  dependent  parents,"  be,  and  the  same  are  hereby, 
amended  so  as  to  read  as  follows : 

"  SEC.  2.  That  all  persons  who  served  ninety  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the  late  war  of 
the  rebellion  and  who  have  been  honorably  discharged  therefrom, 
and  who  are  now  or  who  may  hereafter  be  suffering  from  any  mental 
or  physical  disability  or  disabilities  of  a  permanent  character,  not 
the  result  of  their  own  vicious  habits,  which  so  incapacitates  them 
from  the  performance  of  manual  labor  as  to  render  them  unable  to 
earn  a  support,  shall,  upon  making  due  proof  of  the  fact,  according 
to  such  rules  and  regulations  as  the  Secretary  of  the  Interior  may 
provide,  be  placed  upon  the  list  of  invalid  pensioners  of  the  United 
States,  and  be  entitled  to  receive  a  pension  not  exceeding  twelve 
dollars  per  month  and  not  less  than  six  dollars  per  month,  propor- 
tioned to  the  degree  of  inability  to  earn  a  support;  and  in  deter- 
mining such  inability  each  and  every  infirmity  shall  be  duly  con- 
sidered, and  the  aggregate  of  the  disabilities  shown  be  rated,  and 
such  pension  shall  commence  from  the  date  of  the  filing  of  the  ap- 
plication in  the  Bureau  of  Pensions,  after  the  passage  of  this  Act, 
upon  proof  that  the  disability  or  disabilities  then  existed,  and  shall 
continue  during  the  existence  of  the  same:  Provided,  That  persons 
who  are  now  receiving  pensions  under  existing  laws,  or  whose  claims 
are  pending  in  the  Bureau  of  Pensions,  may,  by  application  to  the 
Commissioner  of  Pensions,  in  such  form  as  he  may  prescribe,  show- 
ing themselves  entitled  thereto,  receive  the  benefits  of  this  Act;  and 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  any 
pensioner  thereunder  from  prosecuting  his  claim  and  receiving  his 
pension  under  any  other  general  or  special  Act:  Provided,  however, 

1  Sec.  4  provides  that  fee  for  services  in  prosecuting  claim  shall  not  be  greater  than 
$10  (see  p.  115). 


LAWS  GOVERNING  ARMY  AND   NAVY   PENSIONS.  31 

That  no  person  shall  receive  more  than  one  pension  for  the  same 
period:  And  provided  further,  That  rank  in  the  service  shall  not 
be  considered  in  applications  filed  under  this  Act.1 

ACT   JUNE   27,   1890,   APPLIED   TO   CERTAIN   MISSOURI   TROOPS. 
JOINT  RESOLUTION  FEBRUARY  15,  1895   (28  STAT.  L.,  970). 

That  the  provisions  of  the  Act  of  June  twenty-seventh,  eighteen 
hundred  and  ninety,  be,  and  are  hereby,  extended  to  include  the 
officers  and  privates  of  the  Missouri  State  Militia  and  the  Pro- 
visional Missouri  Militia  who  served  ninety  days  during  the  late 
War  of  the  Rebellion,  and  were  honorably  discharged,  and  to  the 
widows  and  minor  children  of  such  persons.  The  provisions  of  this 
Act  shall  include  all  such  persons  now  on  the  pension  rolls,  or  who 
may  hereafter  apply  to  be  admitted  thereto. 

COMMENCEMENT  IN  CERTAIN   CLAIMS. 
ACT   MARCH   6,   1896    (29    STAT.    L.,    45). 

That  whenever  a  claim  for  pension  under  the  Act  of  June  twenty- 
seventh,  eighteen  hundred  and  ninety,  has  been,  or  shall  hereafter  be, 
rejected,  suspended,  or  dismissed,  and  a  new  application  shall  have 
been,  or  shall  hereafter  be,  filed,  and  a  pension  has  been,  or  shall 
hereafter  be,  allowed  in  such  claim,  such  pension  shall  date  from  the 
time  of  filing  the  first  application,  provide'd  the  evidence  in  the  case 
shall  show  a  pensionable  disability  to  have  existed,  or  to  exist,  at  the 
time  of  filing  such  first  application,  anything  in  any  law  or  ruling  of 
the  Department  to  the  contrary  notwithstanding. 

PENSION  FOR  AGE  AND   SERVICE  OF  90  DAYS. 
ACT  FEBRUARY  6,  1907  (34  STAT.  L.,  879). 

SECTION  1.  That  any  person  who  served  ninety  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the  late  civil 
war  or  sixty  days  in  the  war  with  Mexico,  and  who  has  been  honor- 
ably discharged  therefrom,  and  who  has  reached  the  age  of  sixty-two 
years  or  over,  shall,  upon  making  proof  of  such  facts  according  to 
such  rules  and  regulations  as  the  Secretary  of  the  Interior  may  pro- 
vide, be  placed  upon  the  pension  roll,  and  be  entitled  to  receive  a 
pension  as  follows :  In  case  such  person  has  reached  the  age  of  sixty- 
two  years,  twelve  dollars  per  month;  seventy  years,  fifteen  dollars 
per  month ;  seventy-five  years  or  over,  twenty  dollars  per  month ;  and 
such  pension  shall  commence  from  the  date  of  filing  of  the  applica- 
tion in  the  Bureau  of  Pensions  after  the  passage  and  approval  of  this 
Act:  Provided,  That  pensioners  who  are  sixty-two  years  of  age  or 
over,  and  who  are  now  receiving  pensions  under  existing  laws,  or 
whose  claims  are  pending  in  the  Bureau  of  Pensions,  may,  by  appli- 
cation to  the  Commissioner  of  Pensions  in  such  form  as  ne  may  pre- 
scribe, receive  the  benefits  of  this  Act ;  and  nothing  herein  contained 
shall  prevent  any  pensioner  or  person  entitled  to  a  pension  from 

i  Fee  for  services  in  prosecuting  claim  not  to  be  greater  than  $10.  (See  sec.  4,  act 
June  27,  1890,  p.  115.) 


32  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

prosecuting  his  claim  and  receiving  a  pension  under  any  other  gen- 
eral or  special  Act :  Provided,  That  no  person  shall  receive  a  pension 
under  any  other  law  at  the  same  time  or  for  the  same  period  that  he 
is  receiving  a  pension  under  the  provisions  of  this  Act:  Provided 
further,  That  no  person  who  is  now  receiving  or  shall  hereafter  re- 
ceive a  greater  pension  under  any  other  general  or  special  law  than  he 
would  be  entitled  to  receive  under  the  provisions  herein  shall  be 
pensionable  under  this  Act. 

SEC.  2.  That  rank  in  the  service  shall  not  be  considered  m  appli- 
cations filed  hereunder. 

SEC.  3.  That  no  pension  attorney,  claim  agent,  or  other  person  shall 
be  entitled  to  receive  any  compensation  for  services  rendered  in  pre- 
senting any  claim  to  the  Bureau  of  Pensions,  or  securing  any  pension, 
under  this  Act. 

AGE   A   "  PERMANENT   SPECIFIC   DISABILITY." 
ACT   APRIL  24,   1906    (34    STAT.    L.,    133). 

*  *     *    And  provided  further,  That  the  age  of  sixty-two  years 
and  over  shall  be  considered  a  permanent  specific  disability  within 
the  meaning  of  the  pension  laws. 

PROVISIONS  ACT  FEBRUARY  6,   1907,   EXTENDED. 
ACT  MARQH  4,  1907    (34   STAT.   L.,   1406). 

*  *     *     And  provided  further,  That  hereafter  the  age  of  sixty- 
two  years  and  over  shall  be  considered  a  permanent  specific  disability 
within  the  meaning  of  the  pension  laws:  And  provided  further,  That 
the  benefits  of  the  Act  of  February  sixth,  nineteen  hundred  and 
seven,  entitled  "An  Act  granting  pension  to  certain  enlisted  men,  sol- 
diers, and  officers  who  served  in  the  civil  war  and  the  war  with 
Mexico,"  are  hereby  extended  to  include  any  person  who  served  the 
period  of  time  therein  specified  during  the  late  civil  war  or  in  the 
war  with  Mexico  and  who  is  now  or  may  hereafter  become  entitled  to 
pension  under  the  Acts  of  June  twenty-seventh,  eighteen  hundred 
and  ninety,  February  fifteenth,  eighteen  hundred  and  ninety-five, 
and  the  joint  resolution  of  July  first,  nineteen  hundred  and  two,  or 
the  Acts  of  January  twenty-ninth,  eighteen  hundred  and  eighty- 
seven,  March  third,  eighteen  hundred  and  ninety-one,  and  February 
seventeenth,  eighteen  hundred  and  ninety-seven. 

PENSIONS  ACCORDING  TO  AGE  AND  LENGTH  OF  SERVICE. 
ACT  MAY  11,  1912   (37  STAT.  L.,  112). 

That  any  person  who  served  ninety  days  or  more  in  the  military 
or  naval  service  of  the  United  States  during  the  late  Civil  War,  who 
has  been  honorably  discharged  therefrom,  and  who  has  reached  the 
age  of  sixty-two  years  or  over,  shall,  upon  making  proof  of  such 
facts,  according  to  such  rules  and  regulations  as  the  Secretary  of  the 
Interior  may  provide,  be  placed  upon  the  pension  roll  and  be  entitled 
to  receive  a  pension  as  follows:  In  case  such  person  has  reached  the 
age  of  sixty-two  years  and  served  ninety  days,  thirteen  dollars  per 


LAWS  GOVERNING  ABMY  AND  NAVY  PENSIONS.  33 

month;  six  months,  thirteen  dollars  and  fifty  cents  per  month;  one 
year,  fourteen  dollars  per  month;  one  and  a  half  years,  fourteen 
dollars  and  fifty  cents  per  month;  two  years,  fifteen  dollars  per 
month;  two  and  a  half  years,  fifteen  dollars  and  fifty  cents  per 
month ;  three  years  or  over,  sixteen  dollars  per  month.  In  case  such 
person  has  reached  the  age  of  sixty-six  years  and  served  ninety  days, 
fifteen  dollars  per  month ;  six  months,  fifteen  dollars  and  fifty  cents 
per  month ;  one  year,  sixteen  dollars  per  month ;  one  and  a  half  years, 
sixteen  dollars  and  fifty  cents  per  month ;  two  years,  seventeen  dollars 
per  month ;  two  and  a  half  years,  eighteen  dollars  per  month ;  three 
years  or  over,  nineteen  dollars  per  month.  In  case  such  person  has 
reached  the  age  of  seventy  years  and  served  ninety  days,  eighteen 
dollars  per  month ;  six  months,  nineteen  dollars  per  month ;  one  year, 
twenty  dollars  per  month;  one  and  a  half  years,  twenty-one  dollars 
and  fifty  cents  per  month ;  two  years,  twenty-three  dollars  per  month ; 
two  and  a  half  years,  twenty- four  dollars  per  month ;  three  years  or 
over,  twenty-five  dollars  per  month.  In  case  such  person  has  reached 
the  age  of  seventy-five  years  and  served  ninety  days,  twenty-one 
dollars  per  month ;  six  months,  twenty-two  dollars  and  fifty  cents  per 
month;  one  year,  twenty-four  dollars  per  month;  one  and  a  half 
years,  twenty-seven  dollars  per  month;  two  years  or  over,  thirty 
dollars  per  month.  That  any  person  who  served  in  the  military  or 
naval  service  of  the  United  States  during  the  Civil  War  and  received 
an  honorable  discharge,  and  who  was  wounded  in  battle  or  in  line  of 
duty  and  is  now  unfit  for  manual  labor  by  reason  thereof,  or  who 
from  disease  or  other  causes  incurred  in  line  of  duty  resulting  in  his 
disability  is  now  unable  to  perform  manual  labor,  shall  be  paid  the 
maximum  pension  under  this  Act,  to  wit,  thirty  dollars  per  month, 
without  regard  to  length  of  service  or  age. 

That  any  person  who  has  served  sixty  days  or  more  in  the  military 
or  naval  service  of  the  United  States  in  the  War  with  Mexico  and  has 
been  honorably  discharged  therefrom,  shall,  upon  making  like  proof 
of  such  service,  be  entitled  to  receive  a  pension  of  thirty  dollars  per 
month. 

All  of  the  aforesaid  pensions  shall  commence  from  the  date  of 
filing  of  the  applications  in  the  Bureau  of  Pensions  after  the  pas- 
sage and  approval  of  this  Act:  Provided,  That  pensioners  who  are 
sixty-two  years  of  age  or  over,  and  who  are  now  receiving  pensions 
under  existing  laws,  or  whose  claims  are  pending  in  the  Bureau  of 
Pensions,  may,  by  application  to  the  Commissioner  of  Pensions,  in 
such  form  as  he  may  prescribe,  receive  the  benefits  of  this  Act ;  and 
nothing  herein  contained  shall  prevent  any  pensioner  or  person  en- 
titled to  a  pension  from  prosecuting  his  claim  and  receiving  a  pen- 
sion under  any  other  general  or  special  Act :  Provided,  That  no  per- 
son shall  receive  a  pension  under  any  other  law  at  the  same  time  or 
for  the  same  period  that  he  is  receiving  a  pension  under  the  pro- 
visions of  this  Act:  Provided  further,  That  no  person  who  is  now 
receiving  or  shall  hereafter  receive  a  greater  pension,  under  any 
other  general  or  special  law,  than  he  would  be  entitled  to  receive 
under  the  provisions  herein  shall  be  pensionable  under  this  Act. 

SEC.  2.  That  rank  in  the  service  shall  not  be  considered  in  applica- 
tions filed  hereunder. 


34  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

SEC.  3.  That  no  pension  attorney,  claim  agent,  or  other  person  shall 
be  entitled  to  receive  any  compensation  for  services  rendered  in  pre- 
senting any  claim  to  the  Bureau  of  Pensions,  or  securing  any  pension, 
under  this  Act,  except  in  applications  for  original  pension  by  per- 
sons who  have  not  heretofore  received  a  pension. 

SEC.  4.  That  the  benefits  of  this  Act  shall  include  any  person  who 
served  during  the  late  Civil  War,  or  in  the  War  with  Mexico,  and 
who  is  now  or  may  hereafter  become  entitled  to  pension  under  the 
Acts  of  June  twenty-seventh,  eighteen  hundred  and  ninety,  February 
fifteenth,  eighteen  hundred  and  ninety-five,  and  the  joint  resolutions 
of  July  first,  nineteen  hundred  and  two,  and  June  twenty-eighth, 
nineteen  hundred  and  six,  or  the  Acts  of  January  twenty-ninth, 
eighteen  hundred  and  eighty-seven,  March  third,  eighteen  hundred 
and  ninety-one,  and  February  seventeenth,  eighteen  hundred  and 
ninety-seven.1 

RECORD    OF   PENSIONS    GRANTED;    AUTOMATIC    INCREASE. 
ACT  MARCH  4,  1913  (37  STAT.  L.,  1019). 

That  the  general  pension  Act  of  May  eleventh,  nineteen  hundred 
and  twelve,  is  hereby  amended  by  striking  out  section  five  and  adding 
in  lieu  thereof  a  new  section,  so  as  to  read  as  follows : 

"  SEC.  5.  That  it  shall  be  the  duty  of  the  Commissioner  of  Pensions, 
as  each  application  for  pension  filed  under  this  Act  is  adjudicated,  to 
cause  to  be  kept  a  record  showing  the  name,  length  of  service,  and  age 
of  each  claimant,  the  monthly  rate  of  payment  granted  to  or  received 
by  him,  and  the  county  and  State  of  his  residence;  and  shall  at  the 
end  of  the  fiscal  year  nineteen  hundred  and  fourteen  tabulate  the 
records  so  obtained  by  States  and  counties,  and  to  furnish  certified 
copies  thereof  upon  demand  and  payment  of  such  fee  therefor  as  is 
provided  by  law  for  certified  copies  of  records  in  the  executive  de- 
partments; and  that  further  increase  of  rate  under  this  Act  on  ac- 
count of  advancing  age  shall  be  made  without  further  application  by 
pensioner  and  shall  take  effect  and  commence  from  the  date  he  is 
shown  by  the  aforesaid  record  to  have  attained  the  age  provided  by 
this  Act  as  a  basis  of  rating :  Provided,  That  where  a  claim  has  been 
heretofore  adjudicated  and  the  record  therein  does  not  sufficiently 
establish  the  date  of  birth  of  the  soldier  or  sailor  pensioner  nothing 
herein  shall  prevent  such  further  investigation  as  is  deemed  neces- 
sary, in  order  to  establish  a  record  upon  which  future  increases  of 
rate  under  this  Act,  on  account  of  advancing  age,  may  be  possible, 
the  object  being  to  advance  automatically  the  rate  of  pension,  as 
provided  for  by  this  Acl,  without  unnecessary  expense  to  the  pen- 
sioner." 

RATES    FOR    PERMANENT    SPECIFIC    DISABILITIES. 
SECTION  4697,  REVISED  STATUTES. 

For  the  period  commencing  July  fourth,  eighteen  hundred  and 
sixty-four,  and  ending  June  third,  eighteen  hundred  and  seventy- 
two,  those  persons  entitled  to  a  less  pension  than  hereinafter  men- 
tioned, who  shall  have  lost  both  feet  in  the  military  or  naval  service 

1  Sec.  5  of  this  act  amended  by  act  Mar.  4,  1913,  following. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS,  35 

and  in  the  line  of  duty,  shall  be  entitled  to  a  pension  of  twenty  dol- 
lars per  month;  for  the  same  period  those  persons  who,  under  like 
circumstances,  shall  have  lost  both  hands  or  the  sight  of  both  eyes, 
shall  be  entitled  to  a  pension  of  twenty-five  dollars  per  month;  and 
for  the  period  commencing  March  third,  eighteen  hundred  and  sixty- 
five,  and  ending  June  third,  eighteen  hundred  and  seventy-two,  those 
persons  who  under  like  circumstances  shall  have  lost  one  hand  and 
one  foot,  shall  be  entitled  to  a  pension  of  twenty  dollars  per  month : 
and  for  the  period  commencing  June  sixth,  eighteen  hundred  and 
sixty-six,  and  ending  June  third,  eighteen  hundred  and  seventy-two, 
those  persons  who  under  like  circumstances  shall  have  lost  one  hand 
or  one  foot,  shall  be  entitled  to  a  pension  of  fifteen  dollars  per 
month ;  and  for  the  period  commencing  June  sixth,  eighteen  hundred 
and  sixty-six,  and  ending  June  third,  eighteen  hundred  and  seventy- 
two,  those  persons  entitled  to  a  less  pension  than  hereinafter  men- 
tioned, who  by  reason  of  injury  received  or  disease  contracted  in  the 
military  or  naval  service  of  the  United  States  and  in  the  line  of  duty, 
shall  have  been  permanently  and  totally  disabled  in  both  hands,  or 
who  shall  have  lost  the  sight  of  one  eye,  the  other  having  been 
previously  lost,  or  who  shall  have  been  otherwise  so  totally  and  per- 
manently disabled  as  to  render  them  utterly  helpless,  or  so  nearly 
so  as  to  require  regular  personal  aid  and  attendance  of  another  per- 
son, shall  be  entitled  to  a  pension  of  twenty-five  dollars  per  month ; 
and  for  the  same  period  those  who  under  like  circumstances  shall 
have  been  totally  and  permanently  disabled  in  both  feet,  or  in  one 
hand  and  one  foot,  or  otherwise  so  disabled  as  to  be  incapacitated  for 
the  performance  of  any  manual  labor,  but  not  so  much  as  to  require 
regular  personal  aid  and  attention,  shall  be  entitled  to  a  pension  of 
twenty  dollars  per  month ;  and  for  the  same  period  all  persons  who 
under  like  circumstances  shall  have  been  totally  and  permanently 
disabled  in  one  hand,  or  one  foot,  or  otherwise  so  disabled  as  to  render 
their  inability  to  perform  manual  labor  equivalent  to  the  loss  of  a 
hand  or  foot,  shall  be  entitled  to  a  pension  of  fifteen  dollars  per  month. 

PERMANENT    SPECIFIC   DISABILITIES   SINCE    JUNE   4,    1872. 
SECTION  4698,  REVISED  STATUTES. 

From  and  after  June  fourth,  eighteen  hundred  and  seventy-two, 
all  persons  entitled  by  law  to  a  less  pension  than  hereinafter  specified, 
who  while  in  the  military  or  naval  service  of  the  United  States,  and 
in  line  of  duty,  shall  have  lost  the  sight  of  both  eyes,  or  shall  have 
lost  the  sight  of  one  eye,  the  sight  of  the  other  having  been  previously 
lost,  or  shall  have  lost  both  hands,  or  shall  have  lost  both  feet,  or  been 
permanently  and  totally  disabled  in  the  same,  or  otherwise  so  perma- 
nently and  totally  disabled  as  to  render  them  utterly  helpless,  or  so 
nearly  so  as  to  require  the  regular  personal  aid  and  attendance  of 
another  person,  shall  be  entitled  to  a  pension  of  thirty-one  dollars 
and  twenty-five  cents  per  month;  and  all  persons  who,  under  like 
circumstances,  shall  have  lost  one  hand  and  one  foot,  or  been  totally 
and  permanently  disabled  in  the  same,  or  otherwise  so  disabled  as  to 
be  incapacitated  for  performing  any  manual  labor,  but  not  so  much 
as  to  require  regular  personal  aid  and  attendance,  shall  be  entitled 
to  a  pension  of  twenty- four  dollars  per  month ;  and  all  persons  who. 


36  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

under  like  circumstances,  shall  have  lost  one  hand,  or  one  foot,  or 
been  totally  and  permanently  disabled  in  the  same,  or  otherwise  so 
disabled  as  to  render  their  incapacity  to  perform  manual  labor  equiv- 
alent to  the  loss  of  a  hand  or  foot,  shall  be  entitled  to  a  pension  of 
eighteen  dollars  per  month:  Provided,  That  all  persons  who,  under 
like  circumstances,  have  lost  a  leg  above  the  knee,  and  in  consequence 
thereof  are  so  disabled  that  they  can  not  use  artificial  limbs,  shall  be 
rated  in  the  second  class  and  receive  twenty-four  dollars  per  month 
from  and  after  June  fourth,  eighteen  hundred  and  seventy-two;  and 
all  persons  who,  under  like  circumstances,  shall  have  lost  the  hearing 
of  both  ears,  shall  be  entitled  to  a  pension  of  thirteen  dollars  per 
month  from  the  same  date:  Provided,  That  the  pension  for  a  dis- 
ability not  permanent,  equivalent  in  degree  to  any  provided  for  in 
this  section,  shall,  during  the  continuance  of  the  disability  in  such 
degree,  be  at  the  same  rate  as  that  herein  provided  for  a  permanent 
disability  of  like  degree. 

INCREASED  BATES  FOR  TOTAL  HELPLESSNESS. 
ACT  JUNE  18,  1874  (18  STAT.  L.,  78). 

SECTION  1.  That  section  four  of  the  act  entitled  "An  act  to  revise, 
consolidate,  and  amend  the  laws  relating  to  pensions,"  and  approved 
March  third,  eighteen  hundred  and  seventy-three,  be  so  amended  that 
all  persons  who,  while  in  the  military  or  naval  service  of  the  United 
States,  and  in  the  line  of  duty,  shall  have  been  so  permanently  and 
totally  disabled  as  to  require  the  regular  personal  aid  and  attendance 
of  another  person,  by  the  loss  of  the  sight  of  both  eyes,  or  by  the  loss 
of  the  sight  of  one  eye,  the  sight  of  the  other  having  been  previously 
lost,  or  by  the  loss  of  both  hands,  or  by  the  loss  of  both  feet,  or  by 
any  other  injury  resulting  in  total  and  permanent  helplessness,  shall 
be  entitled  to  a  pension  of  fifty  dollars  per  month ;  and  this  shall  be 
in  lieu  of  a  pension  of  thirty-one  dollars  and  twenty-five  cents  per 
month  granted  to  such  person  by  said  section:  Provided,  That  the 
increase  of  pension  shall  not  be  granted  by  reason  of  any  of  the  inju- 
ries herein  specified  unless  the  same  shall  have  resulted  in  permanent 
total  helplessness,  requiring  the  regular  personal  aid  and  attendance 
of  another  person. 

SEC.  2.  That  this  act  shall  take  effect  from  and  after  the  fourth 
day  of  June,  eighteen  hundred  and  seventy-four. 

RATE  OF  $72  PER  MONTH  FOR  TOTAL  HELPLESSNESS. 
ACT  JUNE  16,  1880    (21   STAT.  L.f  281). 

SECTION  1.  That  all  soldiers  and  sailors  who  are  now  receiving  a 
pension  of  fifty  dollars  per  month,  under  the  provisions  of  an  act 
entitled  "An  act  to  increase  the  pension  of  soldiers  and  sailors  who 
have  been  totally  disabled,"'  approved  June  eighteenth,  eighteen  hun- 
dred and  seventy-four,  shall  receive,  in  lieu  of  all  pensions  now  paid 
them  by  the  Government  of  the  United  States,  and  there  shall  be 
paid  them  in  the  same  manner  as  pensions  are  now  paid  to  such  per- 
sons, the  sum  of  seventy  two  dollars  per  month. 

SEC.  2.  All  pensioners  whose  pensions  shall  be  increased  by  the 
provisions  of  this  act  from  fifty  dollars  per  month  to  seventy  two 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  37 

dollars  per  month  shall  be  paid  the  difference  between  said  sums 
monthly,  from  June  seventeenth,  eighteen  hundred  and  seventy  eight, 
to  the  time  of  the  taking  effect  of  this  act. 

LOSS   OF   BOTH    HANDS,    BOTH   FEET,    OR    SIGHT    OF   BOTH   EYES. 
ACT  JUNE  17,  1878  (20  STAT.  L.,  144). 

That  on  and  after  the  passage  of  this  act,  all  soldiers  and  sailors 
who  have  lost  either  both  their  hands  or  both  their  feet  or  the  sight 
of  both  eyes  in  the  service  of  the  United  States,  shall  reecive,  in  lieu 
of  all  pensions  now  paid  them  by  the  Government  of  the  United 
States,  and  there  shall  be  paid  to  them,  in  the  same  manner  as  pensions 
are  now  paid  to  such  persons,  the  sum  of  seventy-two  dollars  per 
month. 

TOTAL  BLINDNESS. 
ACT  MARCH  3,  1879   (20  STAT.  L.,  484). 

That  the  act  of  June  seventeenth,  eighteen  hundred  and  seventy- 
eight,  entitled  "An  act  to  increase  the  pensions  of  certain  soldiers 
and  sailors  who  have  lost  both  their  hands  or  both  their  feet,  or  the 
sight  of  both  eyes,  in  the  service  of  the  country,"  be  so  construed  as 
to  include  all  soldiers  and  sailors  who  have  become  totally  blind  from 
causes  occurring  in  the  service  of  the  United  States. 

RATE    OF   $100   FOR   TOTAL   BLINDNESS. 
ACT  APRIL  8,  1904  (33  STAT.  L.,  163). 

That  from  and  after  the  passage  of  this  Act  all  persons  on  the 
pension  roll,  and  all  persons  hereafter  granted  a  pension,  who,  while 
in  the  military  or  naval  service  of  the  United  States  and  in  the  line 
of  duty,  shall  have  lost  both  eyes,  or  who  have  become  totally  blind 
from  causes  occurring  in  the  service  of  the  United  States,  shall  re- 
ceive a  pension  at  the  rate  of  one  hundred  dollars  per  month:  Pro- 
vided, however,  That  this  Act  shall  not  be  so  construed  as  to  reduce 
any  pension  under  any  Act,  public  or  private. 

RATE    OF  $100   FOR  LOSS   OF  BOTH  HANDS. 
ACT  FEBRUARY  12,  1889   (25  STAT.  L.,  659). 

That  from  and  after  the  passage  of  this  act  all  persons  who,  in 
the  military  or  naval  service  of  the  United  States  and  in  the  line  of 
duty,  have  lost  both  hands,  shall  be  entitled  to  a  pension  of  one  hun- 
dred dollars  per  month. 

LOSS  OF  ONE  HAND  AND  ONE  FOOT. 
ACT  FEBRUARY  28,  1877    (19  STAT.  L.,  264). 

That  all  persons  who,  while  in  the  military  or  naval  service  of 
the  United  States  and  in  the  line  of  duty,  shall  have  lost  one  hand 
and  one  foot,  or  been  totally  and  permanently  disabled  in  both,  shall 
be  entitled  to  a  pension  for  each  of  such  disabilities,  and  at  such  a 
rate  as  is  provided  for  by  the  provisions  of  the  existing  laws  for 
each  disability :  Provided,  That  this  act  shall  not  be  so  construed  as 
to  reduce  pensions  in  any  case. 


38  LAWS  GOVEKNING  ARMY  AND  NAVY  PENSIONS. 

AMPUTATION   AT   OR   ABOVE  ELBOW   OR  KNEE. 
ACT  JUNE  18,  1874  (18  STAT.  L.,  78). 

SECTION  1.  That  all  persons  who  are  now  entitled  to  pensions  under 
existing  laws  and  who  have  lost  either  an  arm  at  or  above  the  elbow, 
or  a  leg  at  or  above  the  knee,  shall  be  rated  in  the  second  class,  and 
shall  receive  twenty-four  dollars  per  month :  Provided,  That  no  arti- 
ficial limbs,  or  commutation  therefor,  shall  be  furnished  to  such 
persons  as  shall  be  entitled  to  pensions  under  this  act. 

SEC.  2.  That  this  act  shall  take  effect  from  and  after  the  fourth 
day  of  June,  eighteen  hundred  and  seventy-four. 

INCREASE  FOR'  CERTAIN  DISABILITIES. 
ACT  MARCH  3,  1883   (22  STAT.  L.,  453). 

That  from  and  after  the  passage  of  this  act  all  persons  on  the 
pension-roll,  and  all  persons  hereafter  granted  a  pension,  who,  while 
in  the  military  or  naval  service  of  the  United  States,  and  in  the  line 
of  duty,  shall  have  lost  one  hand  or  one  foot,  or  been  totally  or  per- 
manently disabled  in  the  same,  or  otherwise  so  disabled  as  to  render 
their  incapacity  to  perform  manual  labor  equivalent  to  the  loss  of  a 
hand  or  foot,  shall  receive  a  pension  of  twenty-four  dollars  per 
month;  that  all  persons  now  on  the  pension-roll  and  all  persons  here- 
after granted  a  pension  who  in  like  manner  shall  have  lost  either  an 
arm  at  or  above  the  elbow  or  a  leg  at  or  above  the  knee,  or  shall 
have  been  otherwise  so  disabled  as  to  be  incapacitated  for  performing 
any  manual  labor,  but  not  so  much  as  to  require  regular  personal  aid 
and  attendance,  shall  receive  a  pension  of  thirty  dollars  per  month: 
Provided,  That  nothing  contained  in  this  act  shall  be  construed  to 
repeal  section  forty-six  hundred  and  ninety-nine  of  the  Revised 
Statutes  of  the  United  States  or  to  change  the  rate  of  eighteen  dollars 
per  month  therein  mentioned  to  be  proportionately  divided  for  any 
degree  of  disability  established  for  which  section  forty-six  hundred 
and  ninety-five  makes  no  provision. 

AMPUTATION   AT    HIP   JOINT. 
ACT  MARCH  3,  1879  (20  STAT.  L.,  483). 

That  all  pensioners  now  on  the  pension  rolls,  or  who  may  hereafter 
be  placed  thereon,  for  amputation  of  either  leg  at  the  hip  joint  shall 
receive  a  pension  at  the  rate  of  thirty-seven  dollars  and  fifty  cents 
per  month  from  the  date  of  the  approval  of  this  act. 

AMPUTATION  AT  SHOULDER  JOINT. 
ACT  MARCH  3,  1885    (23  STAT.  L.,  437). 

That  all  soldiers  and  sailors  of  the  United  States  who  have  had  an 
arm  taken  off  at  the  shoulder  joint,  caused  by  injuries  received  in  the 
service  of  their  country  while  in  the  line  of  duty,  and  who  are  now 
receiving  pensions,  shall  have  their  pensions  increased  to  the  same 
amount  that  the  law  now  gives  to  soldiers  and  sailors  who  have  lost 
a  leg  at  the  hip  joint;  and  this  act  shall  apply  to  all  who  jhall  be 
hereafter  placed  on  the  pension-roll. 


LAWS  GOVERNING  ARMY   AND   NAVY  PENSIONS.  39 

INCREASED  RATES. 
ACT   AUGUST  4,   1886    (24   STAT  L.,  220). 

That  from  and  after  the  passage  of  this  act  all  persons  on  the  pen- 
sion-rolls, and  all  persons  hereafter  granted  a  pension,  who,  while  in 
the  military  or  naval  service  of  the  United  States  and  in  line  of  duty, 
shall  have  lost  one  hand  or  one  foot,  or  been  totally  disabled  in  the 
same,  shall  receive  a  pension  of  thirty  dollars  a  month ;  that  all  per- 
sons now  on  the  pension-rolls,  and  all  persons  hereafter  granted  a 
pension,  who  in  like  manner  shall  have  lost  either  an  arm  at  or  above 
the  elbow  or  a  leg  at  or  above  the  knee,  or  been  totally  disabled  in 
the  same,  shall  receive  a  pension  of  thirty-six  dollars  per  month; 
and  that  all  persons  now  on  the  pension-rolls,  and  all  persons,  here- 
after granted  a  pension  who  in  like  manner  shall  have  lost  either  an 
arm  at  the  shoulder- joint  or  a  leg  at  the  hip -joint,  or  so  near  the 
joint  as  to  prevent  the  use  of  an  artificial  limb,  shall  receive  a  pen- 
sion at  the  rate  of  forty-five  dollars  per  month:  Provided,  That 
nothing  contained  in  this  act  shall  be  construed  to  repeal  section 
forty-six  hundred  and  ninety-nine  of  the  Revised  Statutes  of  the 
United  States,  or  to  change  the  rate  of  eighteen  dollars  per  month 
therein  mentioned  to  be  proportionately  divided  for  any  degree  of 
disability  established  for  which  section  forty-six  hundred  and  ninety- 
five  makes  no  provision. 

INCREASED  RATES. 
ACT   MARCH   2,   1903    (32   STAT.   L.,   944). 

That  from  and  after  the  r  assage  of  this  act  all  persons  on  the  pen- 
sion roll,  and  all  persons  hereafter  granted  a  pension,  who,  while  in 
the  military  or  naval  service  of  the  United  States  and  in  the  line  of 
duty,  shall  have  lost  one  hand  or  one  foot,  or  been  totally  disabled  in 
the  same,  shall  receive  a  pension  at  the  rate  of  forty  dollars  per 
month ;  that  all  persons  who,  in  like  manner,  shall  have  lost  an  arm  at 
or  above  the  elbow  or  a  leg  at  or  above  the  knee,  or  been  totally  dis- 
abled in  the  same,  shall  receive  a  pension  at  the  rate  of  forty-six  dol- 
lars per  month ;  that  all  persons  who,  in  like  manner,  shall  have  lost 
an  arm  at  the  shoulder  joint  or  a  leg  at  the  hip  joint,  or  so  near  the 
shoulder  or  hip  joint  or  where  the  same  is  in  such  a  condition  as  to 
prevent  the  use  of  an  artificial  limb,  shall  receive  a  pension  at  the 
rate  of  fifty-five  dollars  per  month,  and  that  all  persons  who,  in  like 
manner,  shall  have  lost  one  hand  and  one  foot,  or  been  totally  dis- 
abled in  the  same,  shall  receive  a  pension  at  the  rate  of  sixty  dollars 
per  month;  and  that  all  persons  who,  in  like  manner,  shall  have 
lost  both  feet  shall  receive  a  pension  at  the  rate  of  one  hundred  dol- 
lars per  month:  Provided,  however,  That  this  Act  shall  not  be  so 
construed  as  to  reduce  any  pension  under  any  act,  public  or  private. 

RATES   FOR  DEGREES   OF  DEAFNESS. 
ACT    AUGUST    27,    1888    (25    STAT.    L.,    449). 

That  from  and  after  the  passage  of  this  act  all  persons  on  the 
pension-rolls  of  the  United  States,  or  who  may  hereafter  be  thereon, 
drawing  pension  on  account  of  loss  of  hearing,  shall  be  entitled  to 
receive,  in  lieu  of  the  amount  now  paid  in  case  of  .such  disability,  the 

70942°— 17 4 


40  LAWS  GOVERNING   ARMY   AND  NAVY   PENSIONS. 

sum  of  thirty  dollars,  in  cases  of  total  deafness,  and  such  proportion 
thereof  in  cases  of  partial  deafness  as  the  Secretary  of  the  Interior 
may  deem  equitable ;  the  amount  paid  to  be  determined  by  the  degree 
of  disability  existing  in  each  case. 

INCREASE— TOTAL  DEAFNESS— $40. 
ACT  JANUARY  15,  1903  (32  STAT.  L.,  773). 

That  from  and  after  the  passage  of  this  act  all  persons  on  the  pen- 
sion roll  of  the  United  States,  or  who  may  hereafter  be  placed  thereon, 
receiving  pension  for  total  loss  of  hearing  due  to  causes  originating 
in  the  military  or  naval  service  of  the  United  States  and  in  the  line 
of  duty,  shall  be  entitled  to  receive,  in  lieu  of  the  amount  now  paid  in 
case  of  such  disability,  the  sum  of  forty  dollars  per  month :  Provided, 
That  said  increase  shall  in  no  manner  affect  the  rate  of  pension  now 
being  paid  and  allowable  for  partial  deafness,  the  rating  for  which 
shall  be  continued  and  determined  in  accordance  with  the  provisions 
of  existing  law. 

PROVISIONS  A3   TO  TOTAL   HELPLESSNESS   EXTENDED, 
ACT  MARCH  4,  1890   (26  STAT.  L.,  16). 

That  all  soldiers,  sailors,  and  marines  who  have  since  the  sixteenth 
day  of  June,  eighteen  hundred  and  eighty,  or  who  may  hereafter  be- 
come so  totally  and  permanently  helpless  from  injuries  received  or 
disease  contracted  in  the  service  and  line  of  duty  as  to  require  the 
regular  personal  aid  and  attendance  of  another  person,  or  who,  if 
otherwise  entitled,  were  excluded  from  the  provisions  of  "An  act  to 
increase  pensions  of  certain  pensioned  soldiers  and  sailors  who  are 
utterly  helpless  from  injuries  received  or  disease  contracted  while  in 
the  United  States  service,"  approved  June  sixteenth,  eighteen  hun- 
dred and  eighty,  shall  be  entitled  to  receive  a  pension  at  the  rate  of 
seventy-two  dollars  per  month  from  the  date  of  the  passage  of  this 
act  or  of  the  certificate  of  the  examining  surgeon  or  board  of  sur- 
geons showing  such  degree  of  disability  made  subsequent  to  the  pas- 
sage of  this  act. 

FREQUENT    AND    PERIODICAL    AID    AND    ATTENDANCE. 
ACT  JULY  14,  1892   (27  STAT.  L.,  149). 

That  soldiers  and  sailors  who  are  shown  to  be  totally  incapaci- 
tated for  performing  manual  labor  by  reason  of  injuries  received  or 
disease  contracted  in  the  service  of  the  United  States  and  in  line  of 
duty,  and  who  are  thereby  disabled  to  such  a  degree  as  to  require 
frequent  and  periodical,  though  not  regular  and  constant,  personal 
aid  and  attendance  of  another  person,  shall  be  entitled  to  receive  a 
pension  of  fifty  dollars  per  month  from  and  after  the  date  of  the 
certificate  of  the  examining  surgeon  or  board  of  examining  surgeons 
showing  such  degree  of  disability,  and  made  subsequent  to  the  passage 
of  this  act. 

DISABILITIES    NOT    PERMANENT    AND    SPECIFIC. 
SECTION  4698$,  REVISED  STATUTES. 

Except  in  cases  of  permanent  specific  disabilities,  no  increase  of 
pension  shall  be  allowed  to  commence  prior  to  the  date  of  -the  ex- 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  41 

amihing  surgeon's  certificate  establishing  the  same,  made  under  the 
pending  claim  for  increase,  and  in  this,  as  well  as  all  other  cases,  the 
certificate  of  an  examining  surgeon,  or  of  a  board  of  examining  sur- 
geons, shall  be  subject  to  the  approval  of  the  Commissioner  of  Pen- 
sions. 

RATE   OF   $18   DIVISIBLE. 
SECTION  4699,  REVISED  STATUTES. 

The  rate  of  eighteen  dollars  per  month  may  be  proportionately 
divided  for  any  degree  of  disability  established  for  which  section 
forty-six  hundred  and  ninety-five  makes  no  provision. 

MINIMUM   RATE,    $6. 
ACT  MARCH  2,  1895    (28  STAT.  L.,  704). 

*  *  *  And  it  is  further  provided,  That  from  and  after  the 
passage  of  this  Act  all  pensioners  now  on  the  rolls  who  are  pensioned 
at  less  than  six  dollars  per  month,  for  any  degree  of  pensionable 
disability,  shall  have  their  pensions  increased  to  six  dollars  per 
month ;  and  that  hereafter,  whenever  any  applicant  for  pension  would 
under  existing  rates,  be  entitled  to  less  than  six  dollars  for  any  single 
disability,  or  several  combined  disabilities,  such  pensioner  shall  be 
rated  at  not  less  than  six  dollars  per  month :  Provided  also,  That  the 
provisions  hereof  shall  not  be  held  to  cover  any  pensionable  period 
prior  to  the  passage  of  this  Act,  nor  authorize  a  rerating  of  any 
claims  for  any  part  of  such  period,  nor  prevent  the  allowance  of 
lower  rates  than  six  dollars  per  month,  according  to  the  existing  prac- 
tice in  the  Pension  Office  in  pending  cases  covering  any  pensionable 
period  prior  to  the  passage  of  this  Act. 

ARREARS  OF  PENSIONS. 
ACT   JANUARY  25,   1879    (20   STAT.   L.,   265). 

SECTION  1.  That  all  pensions  which  have  been  granted  under  the 
general  laws  regulating  pensions,  or  may  hereafter  be  granted,  in 
consequence  of  death  from  a  cause  which  originated  in  the  United 
States  service  during  the  continuance  of  the  late  war  of  the  rebellion, 
or  in  consequence  of  wounds,  injuries,  or  disease  received  or  con- 
tracted in  said  service  during  said  war  of  the  rebellion,  shall  com- 
mence from  the  date  of  the  death  or  discharge  from  said  service  of 
the  person  on  whose  account  the  claim  has  been  or  shall  hereafter  be 
granted,  or  from  the  termination  of  the  right  of  the  party  having 
prior  title  to  such  pension:  Provided,  The  rate  of  pension  for  the 
intervening  time  for  which  arrears  of  pension  are  hereby  granted 
shall  be  the  same  per  month  for  which  the  pension  was  originally 
granted. 

SEC.  2.  That  the  Commissioner  of  Pensions  is  hereby  authorized 
and  directed  to  adopt  such  rules  and  regulations  for  the  payment  of 
the  arrears  of  pension  hereby  granted  as  will  be  necessary  to  cause 
to  be  paid  to  such  pensioner,  or,  if  the  pensioner  shall  have  died,  to 
the  person  or  persons  entitled  to  the  same,  all  such  arrears  of  pension 
as  the  pensioner  may  be,  or  would  have  been,  entitled  to  under  this 
act. 


42  LAWS  GOVEKNING  ARMY  AND  NAVY  PENSIONS. 

SEC.  3.  That  section  forty-seven  hundred  and  seventeen  of  the  Re- 
vised Statutes  of  the  United  States,  which  provides  that  "  no  claim 
for  pension  not  prosecuted  to  a  successful  issue  within  five  years  from 
the  date  of  filing  the  same  shall  be  admitted  without  record  evidence 
from  the  War  or  Navy  Department  of  the  injury  or  the  disease  which 
resulted  in  the  disability  or  death  of  the  person  on  whose  account  the 
claim  is  made:  Provided,  That  in  any  case  in  which  the  limitation 
prescribed  by  this  section  bars  the  further  prosecution  of  the  claim, 
the  claimant  may  present,  through  the  Pension  Office,  to  the  Adju- 
tant-General of  the  Army  or  the  Surgeon-General  of  the  Navy,  evi- 
dence that  the  disease  or  injury  which  resulted  in  the  disability  or 
death  of  the  person  on  whose  account  the  claim  is  made  originated  in 
the  service  and  in  the  line  of  duty;  and  if  such  evidence  is  deemed 
satisfactory  by  the  officer  to  whom  it  may  be  submitted,  he  shall 
cause  a  record  of  the  fact  so  proved  to  be  made,  and  a  copy  of  the 
same  to  be  transmitted  to  the  Commissioner  of  Pensions,  and  the 
bar  to  the  prosecution  of  the  claim  shall  thereby  be  removed,"  be,  and 
the  same  is  hereby,  repealed. 

SEC.  4.  No  claim  agent  or  other  person  shall  be  entitled  to  receive 
any  compensation  for  services  in  making  application  for  arrears  of 
pension. 

SEC.  5.  That  all  acts  or  parts  of  acts  so  far  as  they  may  conflict  with 
the  provisions  of  this  act  be,  and  the  same  are  hereby,  repealed. 

RATE    OF   ARREARS   AND    COMMENCEMENT    OF   PENSION. 
ACT  MARCH  3,  1879  (20  STAT.  L.,  469). 

SECTION  1.  That  the  rate  at  which  the  arrears  of  invalid  pensions 
shall  be  allowed  and  computed  in  the  cases  which  have  been  or  shall 
hereafter  be  allowed  shall  be  graded  according  to  the  degree  of  the 
pensioner's  disability  from  time  to  time,  and  the  provisions  of  the 
pension  laws  in  force  over  the  period  for  which  the  arrears  shall  be 
computed. 

That  section  one  of  the  act  of  January  twenty- fifth,  eighteen  hun- 
dred and  seventy-nine,  granting  arrears  of  pensions  shall  be  construed 
to  extend  to  and  include  pensions  on  account  of  soldiers  who  were 
enlisted  or  drafted  for  the  service  in  the  War  of  the  Kebellion,  but 
died  or  incurred  disability  from  a  cause  originating  after  the  cessa- 
tion of  hostilities,  and  before  being  mustered  out :  Provided,  That  in 
no  case  shall  arrears  of  pensions  be  allowed  and  paid  from  a  time 
prior  to  the  date  of  actual  disability. 

SEC.  2.  All  pensions  which  have  been,  or  which  may  hereafter  be, 
granted  in  consequence  of  death  occurring  from  a  cause  which  origi- 
nated in  the  service  since  the  fourth  day  of  March,  eighteen  hundred 
and  sixty-one,  or  in  consequence  of  wounds  or  injuries  received  or 
disease  contracted  since  that  date  shall  commence  from  the  death  or 
discharge  of  the  person  on  whose  account  the  claim  has  been  or  is 
hereafter  granted  if  the  disability  occurred  prior  to  discharge,  and  if 
such  disability  occurred  after  the  discharge  then  from  the  date  of 
actual  disability  or  from  the  termination  of  the  right  of  party  having 
prior  title  to  such  pension :  Provided,  The  application  for  such  pen- 
sion has  been  or  is  hereafter  filed  with  the  Commissioner  of  Pensions 
prior  to  the  first  day  of  July,  eighteen  hundred  and  eighty,  other- 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  43 

wise  the  pension  shall  commence  from  the  date  of  filing  the  applica- 
tion 1 ;  but  the  limitation  herein  prescribed  shall  not  apply  to  claims 
by  or  in  behalf  of  insane  persons  and  children  under  sixteen  years 
of  age. 

SEC.  3.  Section  forty-seven  hundred  and  nine  of  the  Revised 
Statutes  is  hereby  repealed. 

SOUNDNESS   AT   ENLISTMENT   PRESUMED. 
ACT  MARCH  3,  1885  (23  STAT.  L.,  362). 

*  Provided,  That  all  applicants  for  pensions  shall  be  pre- 
sumed to  have  had  no  disability  at  the  time  of  enlistment;  but  such 
presumption  may  be  rebutted. 

NOTES. 

Act  July  16,  1862  (12  Stat.  L.,  587),  Western  gunboat  fleet  trans- 
ferred from  War  to  Navy  Department. 

Act  February  27,  1899  (30  Stat.  L.,  894),  provides  for  relief  of 
the  Fourth  Arkansas  Mounted  Infantry,  commanded  by  Elisha 
Baxter. 

Act  February  2,  1901,  sees.  36  and  37  (31  Stat.  L.,  757-8),  relates 
to  status  of  Philippine  scouts  and  provisional  regiment  Porto  Rico 
infantry. 

Act  February  27, 1905  (33  Stat.  L.,  816),  provides  for  the  relief  of 
certain  enlisted  men  of  the  Twentieth  New  York  Volunteer  Infantry. 
Honorable  discharge  as  of  June  1,  1863,  etc. 

1  Limitation  as  to  date  of  filing  application  in  widows'  claims  removed  by  act  of  June  7, 
1888,  p.  45. 


CHAPTER  IV. 


PENSIONS  TO  WIDOWS  AND  DEPENDENT  RELATIVES  BASED  ON 
SERVICE  SINCE  MARCH  4,  1861, 

WIDOWS   AND    MINORS— WHEN    ENTITLED. 

ACT  AUGUST  7,  1882,  AMENDING  SECTION  4702,  REVISED  STATUTES 

(22   STAT.   L.,  345). 

"  SEC.  4702.  If  any  person  embraced  within  the  provisions  of  sec- 
tions forty-six  hundred  and  ninety-two  and  forty  six  hundred  and 
ninety-three  has  died  since  the  fourth  day  of  March,  eighteen  hun- 
dred and  sixty-one,  or  hereafter  dies,  by  reason  of  any  wound,  injury, 
or  disease  which  under  the  conditions  and  limitations  of  such  sections 
would  have  entitled  him  to  an  invalid  pension  had  he  been  disabled, 
his  widow,  or  if  there  be  no  widow,  or  in  case  of  her  death  without 
payment  to  her  of  any  part  of  the  pension  hereinafter  mentioned,  his 
child  or  children  under  sixteen  years  of  age,  shall  be  entitled  to  re- 
ceive the  same  pension  as  the  husband  or  father  would  have  been 
entitled  to  had  he  been  totally  disabled,  to  commence  from  the  death 
of  the  husband  or  father,  to  continue  to  the  widow  during  her  widow- 
hood, and  to  his  child  or  children  until  they  severally  attain  the  age 
of  sixteen  years,  and  no  longer;  and  if  the  widow  remarry,  the 
child  or  children  shall  be  entitled  from  the  date  of  remarriage,  except 
when  such  widow  has  continued  to  draw  the  pension-money  after 
her  remarriage,  in  contravention  of  law,  and  such  child  or  children 
have  resided  with  and  been  supported  by  her,  their  pension  will  com- 
mence at  the  date  to  which  the  widow  was  last  paid." 

SECTION  2.  That  marriages,  except  such  as  are  mentioned  in  section 
forty-seven  hundred  and  five  of  the  Revised  Statutes  shall  be  proven 
in  pension  cases  to  be  legal  marriages  according  to  the  law  of  the  place 
where  the  parties  resided  at  the  time  of  marriage  or  at  the  time  when 
the  right  to  pension  accrued ;  and  the  open  and  notorious  adulterous 
cohabitation  of  a  widow  who  is  a  pensioner  shall  operate  to  terminate 
her  pension  from  the  commencement  of  such  cohabitation. 

INCREASED  RATE— WIDOWS,   MINORS,    AND   DEPENDENTS. 
ACT  MARCH  19,  1886  (24  STAT.  L.,  5). 

SECTION   1.  That   from   and   after  the   passage   of  this   act   the 
rate  of  pension  for  widows,  minor  children,  and  dependent  relatives 
now   on  the  pension-roll,  or  hereafter  to  be  placed   on  the  pen- 
sion-roll, and  entitled  to  receive  a  less  rate  than  hereinafter  pro- 
44 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  45 

vided,  shall  be  twelve  dollars  per  month;  and  nothing  herein  shall 
be  construed  to  affect  the  existing  allowance  of  two  dollars  per 
month  for  each  child  under  the  age  of  sixteen  years:  Provided, 
That  this  act  shall  apply  only  to  widows  who  were  married  to 
the  deceased  soldier  or  sailor  prior  to  its  passage  and  to  those  who 
may  hereafter  marry  prior  to  or  during  the  service  of  the  soldier  or 
sailor.  And  all  acts  or  parts  of  acts  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed. 

SEC.  2.  That  no  claim  agent  or  attorney  shall  be  recognized  in  the 
adjudication  of  claims  under  this  act,  nor  shall  any  such  person  be 
entitled  to  receive  any  compensation  whatever  for  services  or  pre- 
tended services  in  making  applications  thereunder. 

<. 

COMMENCEMENT    OF   WIDOW'S   PENSION. 
ACT  JUNE  7,  1888   (25  STAT.  L.,  173). 

That  all  pensions  which  have  been,  or  which  may  hereafter  be, 
granted  under  the  general  laws  regulating  pensions  to  widows  in  con- 
sequence of  death  occurring  from  a  cause  which  originated  in  the 
service  since  the  fourth  day  of  March,  eighteen  hundred  and  sixty- 
one,  shall  commence  from  the  date  of  death  of  the  husband :  *  *  *. 

SOLDIERS    MURDERED    AT    CENTRALIA,    MO. 
ACT  MARCH  3,  1875   (18  STAT.  L.,  671). 

SECTION  1.  That  the  provisions  of  existing  pension  laws  be,  and 
the  same  are  hereby,  extended  to  the  widows,  children,  dependent 
mothers  and  fathers,  or  orphan  brothers  and  sisters,  in  the  order 
named,  of  those  lately  discharged  soldiers  of  the  Army  of  the  United 
States,  who  were  murdered  by  guerrillas  at  Centralia,  Missouri,  in 
eighteen  hundred  and  sixty-four,  while  being  transported  on  the 
North  Missouri  Railroad. 

SEC.  2.  That  the  provisions  of  this  act  shall  be  construed  to  extend 
to  the  widows,  children,  dependent  mothers  and  fathers,  or  orphan 
brothers  and  sisters,  in  the  order  named,  of  any  member  of  the 
Missouri  militia  who  was  murdered  as  aforesaid  by  guerrillas  at 
Centralia,  Missouri,  in  eighteen  hundred  and  sixty-four. 

INCREASE   ON  ACCOUNT   OF  MINOR   CHILDREN. 
SECTION  4703,  REVISED  STATUTES. 

The  pensions  of  widows  shall  be  increased  from  and  after  the 
twenty-fifth  day  of  July,  eighteen  hundred  and  sixty-six  at  the  rate 
of  two  dollars  per  month  for  each  child  under  the  age  of  sixteen 
years,  of  the  husband  on  account  of  whose  death  the  claim  has  been, 
or  shall  be,  granted.  And  in  every  case  in  which  the  deceased  husband 
has  left,  or  shall  leave,  no  widow,  or  where  his  widow  has  died  or 
married  again,  or  where  she  has  been  deprived  of  her  pension  under 
the  provisions  of  the  pension-law,  the  pension  granted  to  such  child 
or  children  shall  be  increased  to  the  same  amount  per  month  that 
would  be  allowed  under  the  foregoing  provisions  to  the  widow,  if 
living  and  entitled  to  a  pension :  Provided,  That  the  additional  pen- 


46  LAWS   GOVERNING  ARMY   AND  NAVY   PENSIONS. 

sion  herein  granted  to  the  widow  on  account  of  the  child  or  children 
of  the  husband  by  a  former  wife  shall  be  paid  to  her  only  for  such 
period  of  her  widowhood  as  she  has  been,  or  shall  be,  charged  with 
the  maintenance  of  such  child  or  children;  for  any  period  during 
which  she  has  not  been,  or  she  shall  not  be,  so  charged,  it  shall  be 
granted  and  paid  to  the  guardian  of  such  child  or  children:  Pro- 
vided further,  That  a  widow  or  guardian  to  whom  increase  of  pension 
has  been,  or  shall  hereafter  be,  granted  on  account  of  minor  children, 
shall  not  be  deprived  thereof  by  reason  of  their  being  maintained  in 
whole  or  in  part  at  the  expense  of  a  State  or  the  public  in  any  educa- 
tional institution,  or  in  any  institution  organized  for  the  care  of 
soldiers'  orphans.1 

WIDOWS  AND  MINORS;  CAUSE  OF  DEATH  NOT  MATERIAL. 
ACT  JUNE  27,  1890  (26  STAT.  L.,  182). 

SEC.  3.2  That  if  any  officer  or  enlisted  man  who  served  ninety  days 
or  more  in  the  Army  or  Navy  of  the  United  States  during  the  late 
war  of  the  rebellion,  and  who  was  honorably  discharged  has  died,  or 
shall  hereafter  die,  leaving  a  widow  without  other  means  of  support 
than  her  daily  labor,  or  minor  children  under  the  age  of  sixteen  years, 
such  widow  shall,  upon  due  proof  of  her  husband's  death,  without 
proving  his  death  to  be  the  result  of  his  army  service,  be  placed  on 
the  pension-roll  from  the  date  of  the  application  therefor  under  this 
act,  at  the  rate  of  eight  dollars  per  month  during  her  widowhood, 
and  shall  also  be  paid  two  dollars  per  month  for  each  child  of  such 
officer  or  enlisted  man  under  sixteen  years  of  age,  and  in  case  of  the 
death  or  remarriage  of  the  widow,  leaving  a  child  or  children  of  such 
officer  or  enlisted  man  under  the  age  of  sixteen  years,  such  pension 
shall  be  paid  such  child  or  children  until  the  age  of  sixteen:  Pro- 
vided, That  in  case  a  minor  child  is  insane,  idiotic,  or  otherwise  per- 
manently helpless,  the  pension  shall  continue  during  the  life  of  said 
child,  or  during  the  period  of  such  disability,  and  this  proviso  shall 
apply  to  all  pensions  heretofore  granted  or  hereafter  to  be  granted 
under  this  or  any  former  statute,  and  such  pensions  shall  commence 
from  the  date  of  application  therefor  after  the  passage  of  this  act: 
And  provided  further,  That  said  widow  shall  have  married  said 
soldier  prior  to  the  passage  of  this  act.3 

WIDOWS  AND   MINORS;    NET   INCOME. 
ACT  MAY  9,  1900  (31  STAT.  L.,  170). 

That  if  any  officer  or  enlisted  man  who  served  ninety  days  or  more 
in  the  Army  or  Navy  of  the  United  States  during  the  late  war  of  the 
rebellion,  and  who  was  honorably  discharged  has  died,  or  shall  here- 
after die,  leaving  a  widow  without  means  of  support  other  than  her 
daily  labor,  and  an  actual  net  income  not  exceeding  two  hundred  and 

1  The  $2  additional  pension  granted  under  this  section  on  account  of  minor  children 
under  16  years  of  age  may  be  continued  In  cases  of  insane,  idiotic,  or  helpless  children 
during  the  life  of  such  children  or  during  the  period  of  their  disability,  under  the  proviso 
of  the  third  section  of  the  act  of  June  27,  1890,  and  amendment  of  May  9,  1900. 

2  See  joint  resolution,  Feb.  15,  1895,  p.  31. 

8  Pee  for  prosecution  of  claim  not  to  be  greater  than  $10.  (See  sec.  4,  act  June  27, 
1890,  p.  115.) 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  47 

fifty  dollars  per  year,  or  minor  children  under  the  age  of  sixteen 
years,  such  widow  shall,  upon  due  proof  of  her  husband's  death, 
without  proving  his  death  to  be  the  result  of  his  Army  service,  be 
placed  on  the  pension  roll  from  the  date  of  the  application  therefor 
under  this  Act,  at  the  rate  of  eight  dollars  per  month  during  her 
widowhood,  and  shall  also  be  paid  two  dollars  per  month  for  each 
child  of  such  officer  or  enlisted  man  under  sixteen  years  of  age;  and 
in  case  of  the  death  or  remarriage  of  the  widow,  leaving  a  child 
or  children  of  such  officer  or  enlisted  man  under  the  age  of  sixteen 
years,  such  pension  shall  be  paid  such  child  or  children  until  the  age 
of  sixteen:  Provided,  That  in  case  a  minor  child  is  insane,  idiotic, 
or  otherwise  physically  or  mentally  helpless,  the  pension  shall  con- 
tinue during  the  life  of  said  child,  or  during  the  period  of  such  disa- 
bility ;  and  this  proviso  shall  apply  to  all  pensions  heretofore  granted 
or  hereafter  to  be  granted  under  this  or  any  former  statute ;  and  such 
pensions  shall  commence  from  the  date  of  application  therefor  after 
the  passage  of  this  Act:  And  provided  further,  That  said  widow 
shall  have  married  said  soldier  prior  to  the  passage  of  the  said  Act 
of  June  twenty-seventh,  eighteen  hundred  and  ninety.1 

INCREASE,   WIDOWS   AND   MINORS;    REGARDLESS   OF   INCOME. 
ACT  APRIL  19,  1908   (35  STAT.  L.,  64). 

SECTION  1.  That  from  and  after  the  passage  of  this  Act  the  rate 
of  pension  for  widows,  minor  children  under  the  age  of  sixteen  years, 
and  helpless  minors  as  defined  by  existing  laws,  now  on  the  roll  or 
hereafter  to  be  placed  on  the  pension  roll  and  entitled  to  receive  a 
less  rate  than  hereinafter  provided,  shall  be  twelve  dollars  per 
month;  and  nothing  herein  shall  be  construed  to  affect  the  existing 
allowance  of  two  dollars  per  month  for  each  child  under  the  age  of 
sixteen  years  and  for  each  helpless  child;  and  all  Acts  or  parts  of 
Acts  inconsistent  with  the  provisions  of  this  Act  are  hereby  repealed : 
Provided,  however,  That  this  Act  shall  not  be  so  construed  as  to  re- 
duce any  pension  under  any  act,  public  or  private. 

SEC.  2.  That  if  any  officer  or  enlisted  man  who  served  ninety  days 
or  more  in  the  Army  or  Navy  of  the  United  States  during  the  late 
civil  war  and  who  has  been  honorably  discharged  therefrom  has 
died  or  shall  hereafter  die,  leaving  a  widow,  such  widow  shall,  upon 
due  proof  of  her  husband's  death,  without  proving  his  death  to  be 
the  result  of  his  army  or  navy  service,  be  placed  on  the  pension  roll 
from  the  date  of  the  filing  of  her  application  therefor  under  this 
Act  at  the  rate  of  twelve  dollars  per  month  during  her  widowhood, 
provided  that  said  widow  shall  have  married  said  soldier  or  sailor 
prior  to  June  twenty-seventh,  eighteen  hundred  and  ninety;  and 
the  benefits  of  this  section  shall  include  those  widows  whose  husbands 
if  living  would  have  a  pensionable  status  under  the  Joint  Resolutions 
of  February  fifteenth,  eighteen  hundred  and  ninety-five,  July  first, 
nineteen  hundred  and  two,  and  June  twenty-eighth,  nineteen  hun- 
dred and  six.2 

1  Fee  for  services  In  prosecution  of  claim  not  to  be  greater  than  $10.     (See  sec.  4,  act 
June  27,  1890,  p.  115.) 

2  No  fee  for  prosecution  of  claim  under  sec.  1.     Under  sec.  2  fee  shall  not  be  greater 
than  $10.     (See  p.  117.) 


48  LAWS  GOVERNING  ARMY  AND  NAVY   PENSIONS. 

CONTINUOUS    COHABITATION;     DATE    OF    MARRIAGE. 
ACT  MARCH  3,  1899  (30  STAT.  L.,  1379). 

*  *  *  Provided  further,  That  hereafter  no  pension  under  any 
law  of  the  United  States  shall  be  granted,  allowed,  or  paid  to  the 
widow  of  a  soldier,  sailor,  officer,  naval  or  military,  marine,  marine 
officer,  or  any  other  male  person  entitled  to  a  pension  under  any 
law  of  the  United  States,  unless  it  shall  be  proved  and  established 
that  the  marriage  of  such  widow  to  the  soldier,  sailor,  officer  ?  marine, 
or  other  person  on  account  of  whose  service  the  pension  is  asked, 
was  duly  and  legally  contracted  and  entered  into  prior  to  the  pas- 
sage of  this  Act,  or  unless  such  wife  shall  have  lived  and  cohabited 
with  such  soldier,  sailor,  officer,  marine,  marine  officer,  or  other  per- 
son continuously  from  the  date  of  the  marriage  to  the  date  of  his 
death,  or  unless  the  marriage  shall  take  place  hereafter  and  prior 
to  or  during  the  military  or  naval  service  of  the  soldier,  sailor, 
officer,  marine,  or  other  person  on  account  of  whose  service  the  pen- 
sion is  asked  or  claimed.  This  proviso  shall  not  apply  to  or  affect 
the  widow  of  any  soldier,  sailor,  marine,  officer,  or  marine  officer 
serving  or  who  has  served  in  the  war  between  the  United  States  and 
the  Kingdom  of  Spain. 

LEGITIMACY  CF  CHILDREN. 
SECTION  4704,  REVISED  STATUTES. 

In  the  administration  of  the  pension  laws  children  born  before  the 
marriage  of  their  parents,  if  acknowledged  by  the  father  before  or 
after  the  marriage,  shall  be  deemed  legitimate. 

WIDOWS   OF   COLORED    AND    INDIAN    SOLDIERS. 
SECTION  4705,  REVISED  STATUTES. 

The  widows  of  colored  and  Indian  soldiers  and  sailors  who  have 
died,  or  shall  hereafter  die,  by  reason  of  wounds  or  injuries  received, 
or  casualty  received,  or  disease  contracted,  in  the  military  or  naval 
service  of  the  United  States,  and  in  the  line  of  duty,  shall  be  entitled 
to  receive  the  pension  provided  by  law  without  other  evidence  of  mar- 
riage than  satisfactory  proof  that  the  parties  were  joined  in  marriage 
by  some  ceremony  deemed  by  them  obligatory,  or  habitually  recog- 
nized each  other  as  man  and  wife,  and  were  so  recognized  by  their 
neighbors,  and  lived ,  together  as  such  up  to  the  date  of  enlistment, 
when  such  soldier  or  sailor  died  in  the  service,  or,  if  otherwise,  to  date 
of  death;  and  the  children  born  of  any  marriage  so  proved  shall  be 
deemed  and  held  to  be  lawful  children  of  such  soldier  or  sailor,  but 
this  section  shall  not  be  applicable  to  any  claims  on  account  of  per- 
sons who  enlist  after  the  third  day  of  March,  one  thousand  eight 
hundred  and  seventy-three. 

ABANDONMENT   OF   CHILDREN  BY  WIDOW. 
SECTION  4706,  REVISED  STATUTES. 

If  any  person  has  died,  or  shall  hereafter  die,  leaving  a  widow 
entitled  to  a  pension  by  reason  of  his  death  and  a  child  or  children 
under  sixteen  years  of  age  by  such  widow,  and  it  shall  be  duly  cer- 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS.  49 

tified  under  seal  by  any  court  having  probate  jurisdiction,  that  satis- 
factory evidence  has  been  produced  before  such  court,  upon  due  notice 
to  the  widow,  that  she  has  abandoned  the  care  of  such  child  or  chil- 
dren, or  that  she  is  an  unsuitable  person,  by  reason  of  immoral  con- 
duct, to  have  the  custody  of  the  same,  on  presentation  of  satisfactory 
evidence  thereof  to  the  Commissioner  of  Pensions,  no  pension  shall 
be  allowed  to  such  widow  until  such  child  or  children  shall  have 
attained  the  age  of  sixteen  years,  any  provisions  of  law  to  the  con- 
trary notwithstanding;  and  the  said  child  or  children  shall  be  pen- 
sioned in  the  same  manner,  and  from  the  same  date,  as  if  no  widow 
had  survived  such  person,  and  such  pension  shall  be  paid  to  the  guard- 
ian of  such  child  or  children ;  but  if  in  any  case  payment  of  pension 
shall  have  been  made  to  the  widow,  the  pension  to  the  child  or  children 
shall  commence  from  the  date  to  which  her  pension  has  been  paid. 

DEPENDENT  RELATIVES. 
SECTION  4707,  REVISED  STATUTES. 

If  any  person  embraced  within  the  provisions  of  sections  forty-six 
hundred  and  ninety-two  and  forty-six  hundred  and  ninety-three  has 
died  since  the  fourth  day  of  March,  eighteen  hundred  and  sixty-one, 
or  shall  hereafter  die,  by  reason  of  any  wound,  injury,  casualty,  or 
disease,  which  under  the  conditions  and  limitations  of  such  sections 
would  have  entitled  him  to  an  invalid  pension,  and  has  not  left  or 
shall  not  leave  a  widow  or  legitimate  child,  but  has  left  or  shall  leave 
other  relative  or  relatives  who  were  dependent  upon  him  for  support, 
in  whole  or  in  part,  at  the  date  of  his  death,  such  relative  or  relatives 
shall  be  entitled,  in  the  following  order  of  precedence,  to  receive  the 
same  pension  as  such  person  would  have  been  entitled  to  had  he  been 
totally  disabled,  to  commence  from  the  death  of  such  person,  namely : 
first,  the  mother ;  secondly,  the  father ;  thirdly,  orphan  brothers  and 
sisters  under  sixteen  years  of  age,  who  shall  be  pensioned  jointly: 
Provided,  That  where  orphan  children  of  the  same  parent  have 
different  guardians,  or  a  portion  of  them  only  are  under  guardian- 
ship, the  share  of  the  joint  pension  to  which  each  ward  shall  be  en- 
titled shall  be  paid  to  the  guardian  of  such  ward:  Provided,  That 
if  in  any  case  said  person  shall  have  left  father  and  mother  who  were 
dependent  upon  him,  then,  on  the  death  of  the  mother,  the  father 
shall  become  entitled  to  the  pension,  commencing  from  and  after 
the  death  of  the  mother;  and  upon  the  death  of  the  mother  and 
father,  or  upon  the  death  of  the  father  and  the  remarriage  of  the 
mother,  the  dependent  brothers  and  sisters  under  sixteen  years  of 
age  shall  jointly  become  entitled  to  such  pension  until  they  attain  the 
age  of  sixteen  years  respectively,  commencing  from  the  death  or 
remarriage  of  the  party  who  had  the  prior  right  to  the  pension: 
Provided,  That  a  mother  shall  be  assumed  to  have  been  dependent 
upon  her  son  within  the  meaning  of  this  section  if,  at  the  date  of 
his  death,  she  had  no  other  adequate  means  of  support  than  the 
ordinary  proceeds  of  her  own  manual  labor  and  the  contributions 
of  said  son  or  of  any  other  persons  not  legally  bound  to  aid  in  her 
support;  and  if,  by  actual  contributions,  or  in  any  other  way,  the 
son  had  recognized  his  obligations  to  aid  in  support  of  his  mother, 


50  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

or  was  by  law  bound  to  such  support,  and  that  a  father  or  minor 
brother  or  sister  shall,  in  like  manner  and  under  like  conditions,  be 
assumed  to  have  been  dependent,  except  that  the  income  which  was 
derived  or  derivable  from  his  actual  or  possible  manual  labor  shall 
be  taken  into  account  in  estimating  a  father's  means  of  independent 
support:  Provided  further,  That  the  pension  allowed  to  any  person 
on  account  of  his  or  her  dependence,  as  hereinbefore  provided,  shall 
not  be  paid  for  any  period  during  which  it  shall  not  be  necessary  as 
a  means  of  adequate  subsistence.1 

PARENTS'   DEPENDENCE  AT  DATE  OF  FILING  CLAIM, 
ACT  JUNE  27,  1890  (26  STAT.  L.,  182). 

SECTION  1.  That  in  considering  the  pension  claims  of  dependent 
parents,  the  fact  of  the  soldier's  death  by  reason  of  any  wound,  in- 
jury, casualty,  or  disease  which,  under  the  conditions  and  limitations 
of  existing  laws,  would  have  entitled  him  to  an  invalid  pension,  and 
the  fact  that  the  soldier  left  no  widow  or  minor  children  having 
been  shown  as  required  by  law,  it  shall  be  necessary  only  to  show  by 
competent  and  sufficient  evidence  that  such  parent  or  parents  are 
without  other  present  means  of  support  than  their  own  manual  labor 
or  the  contributions  of  others  not  legally  bound  for  their  support: 
Provided,  That  all  pensions  allowed  to  dependent  parents  under  this 
act  shall  commence  from  date  of  the  filing  of  the  application  here- 
under  and  shall  continue  no  longer  than  the  existence  of  the  depend- 
ence. 

STEAMER  JEANNETTE. 

ACT  JANUARY  3,  1887  (24  STAT.  L.,  883). 

SEC.  2.  That  the  twenty-third  day  of  March,  eighteen  hundred  and 
eighty-two,  being  the  date  of  finding  the  remains  of  the  commanding 
officer  and  others  of  the  said  expedition,  shall  be  deemed  and  taken 
to  be  the  date  of  the  decease  of  the  following-named  officers  and  en- 
listed men  of  the  expedition  who  lost  their  lives  in  the  retreat  from 
the  wreck  of  the  said  steamer  Jeannette,  namely:  Lieutenant-Com- 
mander George  W.  De  Long ;  Lieutenant  Charles  W.  Chipp ;  Passed 
Assistant  Surgeon  James  M.  Ambler;  Jerome  J.  Collins,  meteorolo- 
gist ;  William  Dunbar,  ice-pilot ;  Walter  Lee,  machinist ;  Henrich  H. 
Kaack,  Carl  A.  Gortz,  Adolph  Dressier,  Hans  H.  Erichsen,  Ah 
Sam,  Alfred  Sweetman,  Henry  D.  Warren,  Peter  E.  Johnson,  Ed- 
ward Star,  and  Albert  G.  Kuehne,  seamen;  Nelse  Iverson,  George 
W.  Boyd,  and  Walter  Sharvill,  coal-heavers ;  and  seaman  Alexy. 

SEC.  3.  *  *  *  Provided  further,  That  in  any  case  where  here- 
tofore a  pension  has  been  granted,  or  may  hereafter  in  fact  be 
granted,  to  any  such  widow,  child,  or  dependent  parent,  by  reason 
of  the  death  of  any  of  the  persons  named  in  the  second  section  of 
this  act,  in  the  payment  of  such  pension  account  shall  be  taken  of 
any  sum  paid  under  this  act,  and  to  the  extent  of  its  amount  said 
sum  shall  be  in  lieu  and  stead  of  such  pension,  and  no  further. 

i  See  sec.  1,  act  June  27,  1890,  following.  Claims  filed  after  June  27,  1890,  are  adjudi- 
cated under  sec.  4707,  R.  S.,  as  amended  by  sec.  1,  act  June  27,  1890  th«  attorney  fee 
being  limited  to  $10.  (19  P.  D.,  154.) 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  51 

STEAMER  ASHTJELOT. 
ACT  JANUARY  29,  1887  (24  STAT.  L.,  891). 

SEC.  2.  That  the  widow,  child,  or  children,  or  in  case  there  be 
not  such,  then  the  surviving  parent  or  parents  of  those  in  the  service 
who  were  lost  in  the  wreck  of  the  United  States  steamer.  Ashuelot, 
namely:  William  Gronan,  seaman;  George  Valentine,  captain  of, 
the  hold ;  Fritz  Rackenbach,  quartermaster ;  William  Bronson,  lands- 
man; Saint  Leger  Crone,  quarter-gunner;  Ah  Kid,  painter;  Sun 
Shing,  carpenter's  mate;  George  Ashton,  carpenter;  Ah  Yoo,  lands- 
man; Andrew  Scotland,  private  marine;  and  Benjamin  H.  Wohlrab, 
landsman,  shall  be  entitled  to  and  receive,  put  of  any  money  in  the 
Treasury  of  the  United  States  not  otherwise  appropriated,  as  fol- 
lows, to  wit :  The  relatives,  in  the  order  named,  of  the  persons  con- 
nected with  the  United  States  steamer  Ashuelot  hereinbefore  referred 
to,  a  sum  equal  to  twelve  months'  sea-pay  of  each  person  lost: 
Provided,  That  in  any  case  where  heretofore  a  pension  has  been 
granted,  or  may  hereafter  in  fact  be  granted,  to  any  such  widow, 
child,  or  dependent  parent  by  reason  of  the  death  of  any  of  the 
persons  named  in  this  section,  in  the  payment  of  such  pension 
account  shall  be  taken  of  any  sum  paid  as  above  provided,  and  to 
the  extent  of  its  account  said  sum  shall  be  in  lieu  and  stead  of  such 
pension,  and  no  further :  *  *  * 

U.  S.  S.  MAINE. 
ACT  MARCH  30,  1898  (30  Stat.  L.,  346). 

*  Provided,  That  nothing  herein  shall  affect  the  right  of 
any  of  the  beneficiaries  under  this  Act  to  any  pension  to  which  they 
may  be  entitled  under  existing  law  after  the  expiration  of  one  year 
from  said  fifteenth  day  of  February,  eighteen  hundred  and  ninety- 
eight. 

REMARRIAGE   OF  WIDOW,   MOTHER,   OR   SISTER. 
SECTION  4708,  REVISED   STATUTES. 

The  remarriage  of  any  widow,  dependent  mother,  or  dependent  sis- 
ter, entitled  to  pension,  shall  not  bar  her  right  to  such  pension  to  the 
date  of  her  remarriage,  whether  an  application  therefor  was  filed  be- 
fore or  after  such  marriage;  but  on  the  remarriage  of  any  widow, 
dependent  mother,  or  dependent  sister,  having  a  pension,  such  pen- 
sion shall  cease. 

RENEWAL  OF  PENSION  TO   CERTAIN  REMARRIED  WIDOWS. 

ACT  MARCH  3,   1901,  AMENDING   SECTION  4708,   REVISED   STATUTES 

(31  STAT.  L.,  1445). 

SECTION  1.    *     *    *. 

SEC.  4708.  The  remarriage  of  any  widow,  dependent  mother,  or  de- 
pendent sister  entitled  to  pension  shall  not  bar  her  right  to  such  pen- 
sion to  the  date  of  her  remarriage,  whether  an  application  therefor 
was  filed  before  or  after  such  marriage;  but  on  the  remarriage  of 
any  widow,  dependent  mother,  or  dependent  sister  having  a  pension, 
sue!:  pension  shall  cease:  Provided,  however,  That  any  widow  who 


52  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

was  the  lawful  wife  of  any  officer  or  enlisted  man  in  the  Army, 
Navy,  or  Marine  Corps  of  the  United  States,  during  the  period  of  his 
service  in  any  war,  and  whose  name  was  placed  or  shall  hereafter 
be  placed  on  the  pension  roll  because  of  her  husband's  death  as  the 
result  of  wound  or  injury  received  or  disease  contracted  in  such 
military  or  naval  service,  and  whose  name  has  been  or  shall  here- 
after be  dropped  from  said  pension  roll  by  reason  of  her  marriage 
to  another  person  who  has  since  died  or  shall  hereafter  die,  or  from 
whom  she  has  been  heretofore  or  shall  be  hereafter  divorced,  upon 
her  own  application  and  without  fault  on  her  part,  and  if  she  is 
without  means  of  support  other  than  her  daily  labor  as  defined  by 
the  Acts  of  June  twenty-seventh,  eighteen  hundred  and  ninety,  and 
May  ninth,  nineteen  hundred,  shall  be  entitled  to  have  her  name 
again  placed  on  the  pension  roll  at  the  rate  now  provided  for  widows 
by  the  Acts  of  July  fourteenth,  eighteen  hundred  and  sixty-two, 
March  third,  eighteen  hundred  and  seventy-three,  and  March  nine- 
teenth, eighteen  hundred  and  eighty-six,  such  pension  to  commence 
from  the  date  of  the  filing  of  her  application  in  the  Pension  Bureau 
after  the  approval  of  this  Act:  And  provided  further.  That  where 
such  widow  is  already  in  receipt  of  a  pension  from  the  United 
States  she  shall  not  be  entitled  to  restoration  under  this  Act:1  And 
provided  further,  That  where  the  pension  of  said  widow  on  her 
second  or  subsequent  marriage  has  accrued  to  a  helpless  or  idiotic 
child,  or  a  child  or  children  under  the  age  of  sixteen  years,  she  shall 
not  be  entitled  to  restoration  under  this  Act  unless  said  helpless 
or  idiotic  child,  or  child  or  children  under  sixteen  years  of  age,  be 
then  a  member  or  members  of  her  family  and  cared  for  by  her,  and 
upon  the  restoration  of  said  widow  the  payment  of  pension  to  said 
child  or  children  shall  cease.2 

SEC.  2.  No  claim  agent  or  other  person  shall  be  entitled  to  receive 
any  compensation  for  services  in  making  application  for  pension 
under  this  Act. 

REMARRIED  WIDOWS;    RENEWAL;   RIGHTS  EXTENDED. 

ACT  FEBRUARY  28,  1903,  AMENDING   SECTION  4708,   REVISED 
STATUTES    (32  STAT.  L.,  920). 

SECTION  1.  *    *    * 

"  SEC.  4708.  The  remarriage  of  any  widow,  dependent  mother,  or 
dependent  sister  entitled  to  pension  shall  not  bar  her  right  to  such 
pension  to  the  date  of  her  remarriage,  whether  an  application  there- 
for was  filed  before  or  after  such  marriage;  but  on  the  remarriage 
of  any  widow,  dependent  mother,  or  dependent  sister  having  a  pen- 
sion such  pension  shall  cease:  Provided,  however,  That  any  widow 
who  was  the  lawful  wife  of  any  officer  or  enlisted  man  or  other  person 
in  the  Army,  Navy,  or  Marine  Corps  of  the  United  States,  as  de- 
scribed in  paragraphs  one,  two,  and  three  of  section  forty-six  hun- 
dred and  ninety-three  of  the  Revised  Statutes  of  the  United  States, 
during  the  period  of  his  service  in  any  war,  and  whose  name  was 
placed  or  shall  hereafter  be  placed  on  the  pension  roll  because  of  her 
husband's  death  as  the  result  of  wound  or  injury  received  or  dis- 

1  Rirrht  of  election  under  sec.  4715,  however,  exists.     (13  P.  D.,  378.) 
*  See  act  Feb.  28,  1903,  following. 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  53 

ease  contracted  in  such  military  or  naval  service,  and  whose  name 
has  been  or  shall  hereafter  be  dropped  from  said  pension  roll  by 
reason  of  her  marriage  to  another  person  who  has  since  died  or  shall 
hereafter  die,  or  from  whom  she  has  been  heretofore  or  shall  be 
hereafter  divorced,  upon  her  own  application  and  without  fault  on 
her  part,  and  if  she  is  without  means  of  support  other  than  her  daily 
labor,  as  defined  by  the  Acts  of  June  twenty-seventh,  eighteen  hun- 
dred and  ninety,  and  May  ninth,  nineteen  hundred,  shall  be  entitled 
to  have  her  name  again  placed  on  the  pension  roll  at  the  rate  now 
provided  for  widows  by  the  Acts  of  July  fourteenth,  eighteen  hun- 
dred and  sixty-two,  March  third,  eighteen  hundred  and  seventy- 
three,  and  March  nineteenth,  eighteen  hundred  and  eighty-six,  such 
pension  to  commence  from  the  date  of  the  filing  of  her  application  in 
the  Pension  Bureau  after  the  approval  of  this  Act:  And  provided 
further,  That  where  such  widow  is  already  in  receipt  of  a  pension 
from  the  United  States  she  shall  not  be  entitled  to  restoration 
under  this  Act:1  And  provided  further,  That  where  the  pension 
of  said  widow  on  her  second  or  subsequent  marriage  has  accrued  to 
a  helpless  or  idiotic  child,  or  a  child  or  children  under  the  age  of 
sixteen  years,  she  shall  not  be  entitled  to  restoration  under  this  Act 
unless  said  helpless  or  idiotic  child,  or  child  or  children  under  sixteen 
years  of  age,  be  then  a  member  or  members  of  her  family  and  cared 
for  by  her,  and  upon  the  restoration  of  said  widow  the  payment  of 
pension  to  said  child  or  children  shall  cease." 

SEC.  2.  That  the  provisions  of  this  act  shall  be  extended  to  those 
widows  otherwise  entitled  whose  husbands  died  of  wounds,  injuries, 
or  disease  contracted  during  the  period  of  their  military  or  naval 
service,  but  who  were  deprived  of  pension  under  the  Act  of  March 
third,  eighteen  hundred  and  sixty-five,  because  of  their  failure  to 
draw  any  pension  by  reason  of  their  remarriage. 

SEC.  3.  That  no  claim  agent  or  other  person  shall  be  entitled  to  re- 
ceive any  compensation  for  services  in  making  application  for  pension 
under  this  Act. 

PRESUMPTION  OF  DEATH. 
ACT  MARCH  13,  1896   (29  STAT.  L.,  57). 

That  in  considering  claims  filed  under  the  pension  laws,  the 
death  of  an  enlisted  man  or  officer  shall  be  considered  as  sufficiently 
proved  if  satisfactory  evidence  is  produced  establishing  the  fact  of 
the  continued  and  unexplained  absence  of  such  enlisted  man  or  officer 
from  his  home  and  family  for  a  period  of  seven  years,  during  which 
period  no  intelligence  of  his  existence  shall  have  been  received.* 
And  any  pension  granted  under  this  Act  shall  cease  upon  proof  that 
such  officer  or  enlisted  man  is  still  living. 

SECTION  4735,  REVISED  STATUTES. 

No  pension  shall  be  granted  to  a  widow  for  the  same  time  that  her 
husband  received  one. 


1  Right  of  election  under  sec.  4715,  however,  exists.     (13  P.  D.,  378.) 
1  Accrued  pension;  invalid  claims.     (12  P.  D.,  208.) 


CHAPTER  V. 


NAVY  AND  PRIVATEER  PENSION  FTTND. 

Section  4750,  Revised  Statutes,  designates  the  Secretary  of  the 
Navy  as  the  trustee  of  the  Navy  pension  fund. 

Section  4758,  Revised  Statutes,  designates  the  Secretary  of  the 
Navy  as  the  trustee  of  the  privateer  pension  fund. 

Section  4751,  Revised  Statutes,  repealed  in  part  by  sec.  5,  act  June 
3,  1878  (20  Stat.  L.,  90),  and  sec.  4752,  R.  S.,  relate  to  creation  of 
Navy  pension  fund. 

Section  4753,  Revised  Statutes,  relates  to  investment  of,  and  sec- 
tion 4754,  Revised  Statutes,  to  rate  of  interest  on,  Navy  pension  fund. 

Section  4755,  Revised  Statutes,  prescribes  that  Navy  pensions  shall 
be  paid  from  the  Navy  pension  fund  upon  appropriations  author- 
ized by  Congress. 

Section  475&,  Revised  Statutes,  relates  to  source  of  privateer  pen- 
sion fund,  and  section  4760,  Revised  Statutes,  provides  that  such 
fund  shall  be  paid  into  the  Treasury. 

Section  4762,  Revised  Statutes,  requires  commander  of  every  ves- 
sel having  a  commission,  or  letters  of  marque  and  reprisal,  to  enter 
in  his  journal  the  name  and  rank  of  any  officer  and  the 'name  of  any 
seaman  who,  during  his  cruise,  is  wounded  or  disabled,  describing  the 
manner  and  extent,  as  far  as  practicable,  of  such  wound  or  disability. 

Section  4763,  Revised  Statutes,  requires  every  collector  to  transmit 
quarterly  to  the  Secretary  of  the  Navy  a  transcript  of  such  journals 
as  may  have  been  reported  to  him,  so  far  as  it  gives  a  list  of  the  offi- 
cers and  crew,  and  the  description  of  wounds  and  disabilities. 

TWENTY  YEARS'   SERVICE  IN  NAVY  OR  MARINE  CORPS. 
SECTION  4756,  REVISED  STATUTES. 

There  shall  be  paid  out  of  the  naval  pension  fund  to  every  person 
who,  from  age  or  infirmity,  is  disabled  from  sea  service,  but  who  has 
served  as  an  enlisted  person,  or  as  an  appointed  petty  officer,  or  both, 
in  the  Navy  or  Marine  Corps  for  the  period  of  twenty  years,  and  not 
been  discharged  for  misconduct,  in  lieu  of  being  provided  with  a 
home  in  the  Naval  Asylum,  Philadelphia,  if  he  so  elects,  a  sum  equal 
to  one-half  the  pay  of  his  rating  at  the  time  he  was  discharged,  to  be 
paid  to  him  quarterly,  under  the  direction  of  the  Commissioner  of 
Pensions ;  and  applications  for  such  pension  shall  be  made  to  the  Sec- 
retary of  the  Navy,  who,  upon  being  satisfied  that  the  applicant  comes 
within  the  provisions  of  this  section,  shall  certify  the  same  to  the 
Commissioner  of  Pensions,  and  such  certificate  shall  be  his  warrant 
for  making  payment  as  herein  authorized.1 

1  See  footnote  following  page. 


LAWS   GOVERNING  ARMY   AND    NAVY   PENSIONS.  55 

TEN   YEARS'   SERVICE   IN   NAVY   OR   MARINE   CORPS. 
SECTION  4757,  REVISED  STATUTES. 

Every  disabled  person  who  has  served  in  the  Navy  or  Marine  Corps 
us  an  enlisted  man,  or  as  an  appointed  petty  officer,  or  both,  for  a 
period  not  less  than  ten  years,  and  not  been  discharged  for  miscon- 
duct, may  apply  to  the  Secretary  of  the  Navy  for  aid  from  the  sur- 
plus income  of  the  naval  pension-fund;  and  the  Secretary  of  the 
Navy  is  authorized  to  convene  a  board  of  not  less  than  three  naval 
officers,  one  of  whom  shall  be  a  surgeon,  to  examine  into  the  condi- 
tion of  the  applicant,  and  to  recommend  a  suitable  amount  for  his 
relief,  and  for  a  specified  time,  and  upon  the  approval  of  such  recom- 
mendation by  the  Secretary  of  the  Navy,  and  a  certificate  thereof  to 
the  Commissioner  of  Pensions,  the  amount  shall  be  paid  in  the  same 
manner  as  is  provided  in  the  preceding  section  for  the  payment  to 
persons  disabled  by  long  service  in  the  Navy;  but  no  allowance  so 
made  shall  exceed  the  rate  of  a  pension  for  full  disability  correspond- 
ing to  the  grade  of  the  applicant,  nor,  if  in  addition  to  a  pension, 
exceed  one- fourth  the  rate  of  such  pension.1 

WOUNDED   OR   DISABLED   PRIVATEERSMEN. 
SECTION  4761,  REVISED  STATUTES. 

The  Secretary  of  the  Interior  is  required  to  place  on  the  pension- 
list,  under  the  like  regulations  and  restrictions  as  are  used  in  rela- 
tion to  the  Navy  of  the  United  States,  any  officer,  seaman,  or  marine, 
who,  on  board  of  any  private  armed  vessel  bearing  a  commission  of 
letter  of  marque,  shall  have  been  wounded  or  otherwise  disabled  in 
any  engagement  with  the  enemy,  or  in  the  line  of  their  duty  as 
officers,  seamen,  or  marines  of  such  private  armed  vessel;  allowing 
to  the  captain  a  sum  not  exceeding  twenty  dollars  per  month;  to 
lieutenants  and  sailing-master  a  sum  not  exceeding  twelve  dollars 
each  per  month ;  to  marine  officer,  boatswain,  gunner,  carpenter,  mas- 
ter's mate,  and  prize  masters  a  sum  not  exceeding  ten  dollars  each 
per  month ;  to  all  other  officers  a  sum  not  exceeding  eight  dollars  each 
per  month,  for  the  highest  rate  of  disability,  and  so  in  proportion; 
and  to  a  seaman,  or  acting  as  a  marine,  the  sum  of  six  dollars  per 
month,  for  the  highest  rate  of  disability,  and  so  in  proportion ;  which 
several  pensions  shall  be  paid  from  moneys  appropriated  for  the  pay- 
ment of  pensions. 

NOTES. 

The  pension  laws  relating  to  service  subsequent  to  March  4,  1861, 
apply  equally  to  service  in  the  Army,  Navy,  or  Marine  Corps. 

The  law  provides  that  Navy  pensions  shall  be  paid  from  the  in- 
come of  the  Navy  pension  fund  so  far  as  the  same  shall  be  sufficient 
for  that  purpose  (38  Stat.  L.,  387). 

For  the  fiscal  year  ended  June  30,  1915,  $5,810,475.39,  was  dis- 
bursed for  Navy  pensions,  of  which  $353,848.66  was  paid  from  the 
Navy  pension  fund. 

1  Sees.  4756  and  4757,  R.  S.,  as  amended  by  act  Dec.  23,  1886  (24  Stat.  L.,  353,  as 
construed  by  Secretary  of  the  Interior,  12  P.  D.,  166),  grant  money  benefits  over  the 
allowance  of  which  the  Commissioner  of  Pensions  has  no  jurisdiction,  and  are  intended 
to  be  a  further  provision  for  the  support  of  the  beneficiaries  thereunder  in  addition  to  the 
pension  granted  by  the  pension  laws.  Sec.  4715,  R.  S.,  and  proviso  of  second  section  of 
act  June  27,  1890,  have  no  application  to  this  class  of  cases. 

70942°— 17 5 


CHAPTER  VI. 


APPLICATIONS  AND  ATTORNEYS. 

COMMISSIONER   TO    FURNISH   PRINTED   INSTRUCTIONS. 
SECTION  4748,  REVISED  STATUTES. 

That  the  Commissioner  of  Pensions,  on  application  being  made  to 
him  in  person,  or  by  letter,  by  any  claimant  or  applicant  for  pension, 
bounty-land,  or  other  allowance  required  by  law  to  be  adjusted  or 
paid  by  the  Pension-Office,  shall  furnish  such  person,  free  of  all  ex- 
pense, all  such  printed  instructions  and  forms  as  may  be  necessary 
in  establishing  and  obtaining  said  claim;  and  on  the  issuing  of  a 
certificate  of  pension  or  of  a  bounty-land  warrant  he  shall  forthwith 
notify  the  claimant  or  applicant,  and  also  the  agent  or  attorney  in 
the  case,  if  there  be  one,  that  such  certificate  has  been  issued,  or  allow- 
ance made,  and  the  date  and  amount  thereof. 

EXECUTION  OF  PAPERS  IN  PENSION  CLAIMS. 
ACT  JULY  26,  1892   (27  STAT.  L.,  272). 

SECTION  1.  That  declarations  of  pension  claimants  shall  be  made 
before  a  court  of  record,  or  before  some  officer  thereof  having 
custody  of  its  seal,  or  before  some  officer  who,  under  the  laws  of  his 
State,  city  or  county,  has  authority  to  administer  oaths  for  general 
purposes;  and  said  officers  are  hereby  fully  authorized  and  em- 
powered to  administer  and  certify  any  oath  or  affirmation  relating 
to  any  pension  or  application  therefor:  Provided,  That  where  such 
declaration  or  other  papers  are  executed  before  an  officer  authorized 
as  above,  but  not  required  by  the  laws  of  his  State  to  have  and  use  a 
seal  to  authenticate  his  official  acts,  he  shall  file  in  the  Pension  Bureau 
a  certificate  of  his  official  character,  showing  his  official  signature  and 
term  of  office,  certified  by  a  clerk  of  a  court  of  record  or  other  proper 
officer  of  the  State  as  to  the  genuineness  thereof;  and  when  said 
certificate  has  been  filed  in  the  Bureau  of  Pensions  his  own  certificate 
will  be  recognized  during  his  term  of  office. 

SEC.  2.  That  the  Commissioner  of  Pensions  may  accept  declara- 
tions and  other  papers  of  claimants  residing  in  foreign  countries 
made  before  a  United  States  minister  or  consul  or  other  consular 
officer,  or  before  some  officer  of  the  country  duly  authorized  to  ad- 
minister oaths  for  general  purposes,  and  whose  official  character  and 
signature  shall  be  duly  authenticated  by  the  certificate  of  a  United 
States  minister  or  consul  or  other  consular  officer;  and  declarations 
in  claims  of  Indians  may  be  made  before  a  United  States  Indian 
agent, 

5« 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  57 

SEC.  3.  That  any  and  all  declarations  or  affidavits  now  on  file  in  the 
Pension  Bureau  which  are  considered  informal  by  reason  of  not 
having  been  executed  in  conformity  to  the  laws  heretofore  in  force 
covering  such,  and  in  which  it  is  shown  or  may  be  hereafter  shown 
by  proper  evidence  that  the  same  were  executed  by  and  before  an 
officer  who  was  duly  authorized  to  administer  oaths  for  general  pur- 
poses at  said  date  of  execution,  shall  be  accepted  as  formal  as  from 
date  of  filing  such  declarations  or  affidavits. 

SEC.  4.  That  all  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

OATHS   BEFORE   UNITED    STATES    COMMISSIONERS. 
SECTION  1778,  REVISED  STATUTES. 

In  all  cases  in  which,  under  the  laws  of  the  United  States,  oaths 
or  acknowledgments  may  now  be  taken  or  made  before  any  justice 
of  the  peace  of  any  State  or  Territory,  or  in  the  District  of  Columbia, 
they  may  hereafter  be  also  taken  or  made  by  or  before  any  notary 
public  duly  appointed  in  any  State,  district,  or  Territory,  or  any 
of  the  commissioners  of  the  circuit  courts,1  and,  when  certified  under 
the  hand  and  official  seal  of  such  notary  or  commissioner,  shall  have 
the  same  force  and  effect  as  if  taken  or  made  by  or  before  such  justice 
of  the  peace. 

UNITED   STATES   COMMISSIONER   TO   AFFIX   SEAL, 
ACT  JUNE  28,  1906  (34  STAT.  L.,  546). 

That  each  United  States  commissioner  shall  provide  himself  with 
an  official  impression  seal,  to  be  prescribed  by  the  Attorney  General, 
which  said  seal  shall  be  affixed  to  each  jurat  or  certificate  of  the 
official  acts  of  said  commissioner,  but  no  increase  of  fees  shall  be 
allowed  by  reason  thereof. 

INDIAN   AGENTS   TO    ADMINISTER   OATHS. 
SECTION  2064,  REVISED  STATUTES. 

Indian  agents  are  authorized  to  take  acknowledgments  of  deeds, 
and  other  instruments  of  writing,  and  to  administer  oaths  in  investi- 
gations committed  to  them  in  Indian  country,  pursuant  to  such  rules 
and  regulations  as  may  be  prescribed  for  that  purpose,  by  the  Secre- 
tary of  the  Interior;  and  acknowledgments  so  taken  shall  have  the 
same  effect  as  if  taken  before  a  justice  of  the  peace. 

RESTRICTION    AS    TO    FORMER    EMPLOYES. 
SECTION  190,  REVISED  STATUTES. 

It  shall  not  be  lawful  for  any  person  appointed  after  the  first  day 
of  June,  one  thousand  eight  hundred  and  seventy-two,  as  an  officer, 
clerk,  or  employe  in  any  of  the  Departments,  to  act  as  counsel,  attor- 
ney, or  agent  for  prosecuting  any  claim  against  the  United  States 

1  Office  of  commissioners  of  circuit  courts  abolished,  and  United  States  commissioners 
created  by  sec.  19,  act  approved  May  28,  1896  (29  Stat.  LM  184). 


58  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

which  was  pending  in  either  of  said  Departments  while  he  was  such 
officer,  clerk,  or  employe;  nor  in  any  manner  nor  by  any  means  to 
aid  in  the  prosecution  of  any  such  claim  within  two  years  next  after 
he  shall  have  ceased  to  be  such  officer,  clerk,  or  employe.1 

NOTARIES   PUBLIC,    DISTRICT    OF    COLUMBIA,    NOT   PROHIBITED. 

ACT  JUNE  29,  1906  (34  STAT.  L.,  622). 

That  section  five  hundred  and  fifty-eight 2  of  the  Code  of  Law  for 
the  District  of  Columbia,  relating  to  notaries  public,  be  amended  by 
adding  at  the  end  of  said  section  the  following:  "Pro vided.  That  the 
appointment  of  any  person  as  such  notary  public,  or  the  acceptance 
of  his  commission  as  such,  or  the  performance  of  the  duties  there- 
under, shall  not  disqualify  or  prevent  such  person  from  representing 
clients  before  any  of  the  departments  of  the  United  States  Govern- 
ment in  the  District  of  Columbia  or  elsewhere,  provided  such  person 
so  appointed  as  a  notary  public  who  appears  to  practice  or  represent 
clients  before  any  such  Department  is  not  otherwise  engaged  in 
Government  employ,  and  shall  be  admitted  by  the  heads  of  such 
Departments  to  practice  therein  in  accordance  with  the  rules  and 
regulations  prescribed  for  other  persons  or  attorneys  who  are  ad- 
mitted to  practice  therein:  And  provided  further.  That  no  notary 
public  shall  be  authorized  to  take  acknowledgments,  administer 
oaths,  certify  papers,  or  perform  any  official  acts  in  connection  with 
matters  in  which  he  is  employed  as  counsel,  attorney,  or  agent  or  in 
which  he  may  be  in  any  way  interested  before  any  of  the  Depart- 
ments aforesaid." 

OATH  OF  ALLEGIANCE  IN  CERTAIN  CASES. 
SECTION  3478,  REVISED  STATUTES. 

Any  person  prosecuting  claims,  either  as  attorney  or  on  his  own 
account,  before  any  of  the  Departments  or  Bureaus  of  the  United 
States,  shall  be  required  to  take  the  oath  of  allegiance,  and  to  sup- 
port the  Constitution  of  the  United  States,  as  required  of  persons  in 
the  civil  service.3 

WHO  MAY  ADMINISTER  OATH  OF  ALLEGIANCE. 
SECTION  3479,  REVISED  STATUTES. 

The  oath  provided  for  in  the  preceding  section  may  be  taken  before 
any  justice  of  the  peace,  notary  public,  or  other  person  who  is  legally 
authorized  to  administer  an  oath  in  the  State  or  district  where  the 
same  may  be  administered. 

1  Claims  for  increase  of  pension  are  not  considered  or  held  as  claims  pending.      (Secre- 
tary's decision,  Oct.  6,  1885,  case  of  Luther  Harrison.) 

2  SEC.  558.  Notaries. — The  President  shall  also  have  power  to  appoint  such  number  of 
notaries  public,  residents  of  said  District,  as,  in  his  discretion,  the  business  of  the  District 
may  require.      (Code  of  Law,  D.  C.) 

3  Form  of  oath  required  (sec.  1757,  R.  S.)  : 

I, ,  do  solemnly  swear   (or  affirm)    that  I   will  support  and  defend  the 

Constitution  of  the  United  States  against  all  enemies,  foreign  and  domestic ;  that  I  will 
bear  true  faith  and  allegiance  to  the  same  ;  that  I  take  this  obligation  freely,  without 
any  mental  reservation  or  purpose  of  evasion  ;  and  that  I  will  well  and  faithfully  discharge 
the  duties  of  the  office  on  which  I  am  about  to  enter.  So  help  me  God. 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS.  59 

COMMISSIONER  TO   APPROVE   AMOUNT  OF  FEE. 
SECTION  4768,  REVISED  STATUTES. 

The  Commissioner  of  Pensions  shall  forward  the  certificate  of 
pension,  granted  in  any  case,  to  the  agent  for  paying  pensions  where 
such  certificate  is  made  payable,  and  at  the  same  time  forward  there- 
with one  of  the  articles  of  agreement  filed  in  the  case  and  approved 
by  the  Commissioner,  setting  forth  the  fee  agreed  upon  between  the 
claimant  and  the  attorney  or  agent,  and  \vhere  no  agreement  is  on 
file,  as  hereinbefore  provided,  he  shall  direct  that  a  fee  of  ten  dollars 
only  be  paid  the  agent  or  attorney. 

FEE   TO   BE   DEDUCTED  FROM  PENSION. 
SECTION  4769,  REVISED  STATUTES. 

It  shall  be  the  duty  of  the  agent  paying  such  pension  to  deduct 
from  the  amount  due  the  pensioner  the  amount  of  fee  so  agreed  upon 
or  directed  by  the  Commissioner  to  be  paid  where  no  agreement  is 
filed  and  approved,  and  to  forward  or  cause  to  be  forwarded  to  the 
agent  or  attorney  of  record  named  in  such  agreement,  or,  in  case 
there  is  no  agreement,  to  the  agent  prosecuting  the  case,  the  amount 
of  the  proper  fee,  deducting  therefrom  the  sum  of  thirty  cents  in 
payment  of  his  services  in  forwarding  the  same.1 

.     ATTORNEYS'   FEES  AND  FEE  AGREEMENTS. 
ACT  JULY  4,  1884  (23  STAT.  L.,  99). 

SECTION  1.  *  That  the  act  entitled  "An  act  relating  to 

claim  agents  and  attorneys  in  pension  cases,"  approved  June  twen- 
tieth, eighteen  hundred  and  seventy-eight,  is  hereby  repealed:  Pro- 
vided, however,  That  the  rights  of  the  parties  shall  not  be  abridged 
or  affected  as  to  contracts  in  pending  cases,  as  provided  for  in  said 
act;  but  such  contracts  shall  be  deemed  to  be  and  remain  in  full 
force  and  virtue,  and  shall  be  recognized  as  contemplated  by  said  act. 

SEC.  2.  That  sections  forty-seven  hundred  and  sixty-eight,  forty- 
seven  hundred  and  sixty-nine,  and  forty-seven  hundred  and  eighty- 
six  of  the  Revised  Statutes  are  hereby  made  applicable  also  to  all  cases 
hereafter  filed  with  the  Commissioner  of  Pensions,  and  to  all  cases 
so  filed  since  June  twentieth,  eighteen  hundred  and  seventy-eight, 
and  which  have  not  been  heretofore  allowed,  except  as  hereinafter 
provided. 

SEC.  3.  That  section  forty-seven  hundred  and  eighty-five  of  the 
Revised  Statutes  is  hereby  reenacted  and  amended  so  as  to  read  as 
follows : 

"  SEC.  4785.  No  agent  or  attorney  or  other  person  shall  demand 
or  receive  any  other  compensation  for  his  services  in  prosecuting  a 
claim  for  pension  or  bounty  land  than  such  as  the  Commissioner  of 
Pensions  shall  direct  to  be  paid  to  him,  not  exceeding  twenty-five 
dollars;  nor  shall  such  agent,  attorney  or  other  person  demand  or 

*By  act  Mar.  3,  1885  (23  Stat.  L.,  362),  a  pension  agent's  salary  was  limited  to  $4,000 
per  annum,  repealing  by  implication  the  allowance  of  30  cents  from  an  attorney  fee.  By 
•act  Aug.  17,  1912  (37  Stat.  L.,  311),  pension  agencies  and  pension  agents  were  abolished 
and  the  office  of  disbursing  clerk  in  the  Bureau  of  Pensions,  for  the  payment  of  pensions, 
was  created. 


60  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

receive  such  compensation,  in  whole  or  in  part,  until  such  pension 
or  bounty-land  claim  shall  be  allowed:  Provided,  That  in  all  claims 
allowed  since  June  twentieth,  eighteen  hundred  and  seventy-eight 
where  it  shall  appear  to  the  satisfaction  of  the  Commissioner  of 
Pensions  that  the  fee  of  ten  dollars,  or  any  part  thereof,  has  not 
been  paid,  he  shall  cause  the  same  to  be  deducted  from  the  pension, 
and  the  pension  agent  to  pay  the  same  to  the  recognized  attorney." 

SEC.  4.  That  section  forty-seven  hundred  and  eighty-six  of  the 
Revised  Statutes  is  hereby  amended  so  as  to  read  as  follows : 

SEC.  4786.  The  agent  or  attorney  of  record  in  the  prosecution  of 
the  case  may  cause  to  be  filed  with  the  Commissioner  of  Pensions, 
duplicate  articles  of  agreement,  without  additional  cost  to  the  claim- 
ant, setting  forth  the  fee  agreed  upon  by  the  parties,  which  agree- 
ment shall  be  executed  in  the  presence  of  and  certified  by  some  officer 
competent  to  administer  oaths.  In  all  cases  where  application  is 
made  for  pension  or  bounty  land,  and  no  agreement  is  filed  with  the 
commissioner  as  herein  provided,  the  fee  shall  be  ten  dollars  and 
no  more.  And  such  articles  of  agreement  as  may  hereafter  be  filed 
with  the  Commissioner  of  Pensions  are  not  authorized,  nor  will  they 
be  recognized,  except  in  claims  for  original  pensions,  claims  for  in- 
crease of  pension  on  account  of  a  new  disability,1  in  claims  for 
restoration  where  a  pensioner's  name  has  been  or  may  hereafter  be 
dropped  from  the  pension  rolls  on  testimony  taken  by  a  special 
examiner,  showing  that  the  disability  or  cause  of  death  on  account 
of  which  the  pension  was  allowed  did  not  originate  in  the  line  of 
duty,  and  in  cases  of  dependent  relatives  whose  names  have  been  or 
may  hereafter  be  dropped  from  the  rolls  on  like  testimony,  upon 
the  ground  of  nondependence,  and  in  such  other  cases  of  difficulty  and 
trouble  as  the  Commissioner  of  Pensions  may  see  fit  to  recognize 
them:  Provided,  That  no  greater  fee  than  ten  dollars  shall  be  de- 
manded, received,  or  allowed  in  any  claim  for  pension  or  bounty 
land  granted  by  special  act  of  Congress,  nor  in  any  claim  for  in- 
crease of  pension  on  account  of  the  disability  for  which  the  pension 
had  been  allowed : 2  And  provided  further,  That  no  fee  shall  be  de- 
manded, received,  or  allowed  in  any  claim  for  arrears  of  pension  or 
arrears  of  increase  of  pension  allowed  by  any  act  of  Congress  passed 
subsequent  to  the  date  of  the  allowance  of  the  original  claims  in 
which  such  arrears  of  pension  or  of  increase  of  pension,  may  be 
allowed. 

The  articles  of  agreement  herein  provided  for  shall  be  in  substance 
as  follows,  to  wit : 

ARTICLES  OF  AGREEMENT. 

Whereas  I,  -      — ,  late  a  -         -  in  Company  -     -  of  the  - 

regiment  of volunteers,  war  of  eighteen  hundred  and  sixty-one  (or,  If 

the  service  be  different,  here  state  the  same),  having  made  application  for 
pension  under  the  laws  of  the  United  States : 

Now,  this  agreement  witnesseth,  that  for  and  in  consideration  of  services 
done  and  to  be  done  in  the  premises,  I  hereby  agree  to  allow  my  attorney, 

of ,   the  fee  of  -         -  dollars,   which  shall  "include  all 

amounts  to  be  paid  for  any  service  in  furtherance  of  said  claim ;  and  said 
fee  shall  not  be  demanded  by  or  payable  to  my  said  attorney  (or  attorneys), 
in  whole  or  in  part,  except  in  case  of  the  granting  of  my  pension  by  the  Com- 

i  Phrase  "new  disability,"   construed.      (2  P.  D.,  236;  3  P.  D.,  302.) 
•See  acts  Mar.  3,  1891,  p.  316.  and  May  28,  1908,  p.  117. 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS.  61 

missioner  of  Pensions;  and  then  the  same  shall  be  paid  to  him  (or  them)  in 
accordance  with  the  provisions  of  sections  forty-seven  hundred  and  sixty-eight 
and  forty-seven  hundred  and  sixty-nine  of  the  Revised  Statutes. 

(Claimant's  signature.) 
(Two  witnesses'  signatures.) 


STATE  OF ,  County  of ,  ss : 

Be  It  known  that  on  this,  the day  of  -     — ,  anno  Domini  eighteen 

hundred  and  eighty ,  personally  appeared  the  above-named  -  , 

who,  after  having  had  read  over  to ,  in  the  hearing  and  presence  of  the 

two  attesting  witnesses  the  contents  of  the  foregoing  articles  of  agreement, 

voluntarily  signed  and  acknowledged  the  same  to  be  free  act  and  deed. 

(Official  signature.) . 

And  now,  to  wit,  this  day  of ,  anno  Domini  eighteen  hundred 

and  eighty ,  I   (or  we)   accept  the  provisions  contained  in  the  foregoing 

articles  of  agreement,  and  will,  to  the  best  of  my   (or  our)  ability,  endeavor 
faithfully  to  represent  the  interest  of  the  claimant  in  the  premises. 

Witness  my  (or  our)  hand,  the  day  and  year  first  above  written. 

(Signature  of  attorney.) . 

STATE  OF ,  County  of  ,  ss:  • 

Personally  came  —  — ,  whom  I  know  to  be  the  person  he  represents 
himself  to  be,  and  who,  having  signed  above  acceptance  of  agreement,  acknowl- 
edged the  same  to  be free  act  and  deed. 

(Official  signature.) . 

And  if  in  the  adjudication  of  any  claim  for  pension  in  which 
such  articles  of  agreement  have  been,  or  may  hereafter  be,  filed,  it 
shall  appear  that  the  claimant  had,  prior  to  the  execution  thereof, 
paid  to  the  attorney  any  sum  for  his  services  in  such  claim,  and  the 
amount  so  paid  is  not  stipulated  therein,  then  every  such  claim  shall 
be  adjudicated  in  the  same  manner  as  though  no  articles  of  agree- 
ment had  been  filed,  deducting  from  the  fee  of  ten  dollars  allowed 
by  law  such  sum  as  claimant  shall  show  that  he  has  paid  to  his 
said  attorney.1 

SEC.  5.  That  the  Secretary  of  the  Interior  may  prescribe  rules  and 
regulations  governing  the  recognition  of  agents,  attorneys,  or  other 
persons  representing  claimants  before  his  department,  and  may  re- 
quire of  such  persons,  agents,  and  attorneys,  before  being  recognized 
as  representatives  of  claimants,  that  they  shall  show  that  they  are  of 
good  moral  character  and  in  good  repute,  possessed  of  the  necessary 
qualifications  to  enable  them  to  render  such  claimants  valuable  serv- 
ice, and  otherwise  competent  to  advise  and  assist  such  claimants  in 
the  presentation  of  their  claims  and  such  Secretary  may,  after  notice 
and  opportunity  for  a  hearing,  suspend  or  exclude  "f rom  further 
practice  before  his  department  any  such  person,  agent,  or  attorney 
shown  to  be  incompetent,  disreputable,  or  who  refuses  to  comply 
with  the  said  rules  and  regulations,  or  who  shall  with  intent  to 
defraud  in  any  manner  deceive,  mislead,  or  threaten  any  claimant,  or 
prospective  claimant,  by  word,  circular,  letter,  or  by  advertisement. 

1 A  penalty  is  prescribed  for  any  person  instrumental  in  prosecuting  any  claim  for 
pension  or  bounty  land  under  this  act  who  shall,  directly  or  indirectly,  contract  for, 
demand,  receive,  or  retain  any  greater  compensation  for  his  services  or  instrumentality 
in  prosecuting  a  claim  for  pension  or  bounty  land  than  is  therein  provided,  or  for  the 
payment  thereof  at  any  other  time  or  in  any  other  manner  than  therein  provided  :  or 
who  shall  wrongfully  withhold  from  a  pensioner,  or  a  claimant,  the  whole  or  any  part  of 
the  pension  or  claim  allowed  and  due  such  pensioner,  or  claimant,  or  the  land  warrant 
Issued  to  any  such  claimant.  (See  p.  115.) 


62  LAWS   GOVERNING   ARMY   AND  NAVY   PENSIONS. 

SEC.  6.  The  Commissioner  shall  have  power,  subject  to  review  by 
the  Secretary,  to  reject  or  refuse  to  recognize  any  contract  for  fees, 
herein  provided  for,  whenever  it  shall  be  made  to  appear  that  any 
undue  advantage  has  been  taken  of  the  claimant  in  respect  to  such 
contract. 

NOTES. 

Act  March  3,  1891  (26  Stat.  L.,  1082),  provides  that  no  agent  or 
attorney  shall  demand,  receive  or  be  allowed  any  compensation  ex- 
ceeding $2  in  any  claim  for  increase  of  pension  on  account  of  the 
increase  of  the  disability  for  which  pension  has  been  allowed,  and 
provides  penalty  for  violation.  (See  p.  116.) 

Act  May  28,  1908  (35  Stat.  L.,  419),  prescribes  penalty  for  any 
person  who  receives  any  compensation  for  services  rendered  in  secur- 
ing the  introduction  of  a  bill  or  the  passage  thereof  through  Con- 
gress granting  pension  or  increase  of  pension.  (See  p.  117.) 

Act  June  27,  1890  (26  Stat.  L.,  183),  prescribes  penalty  for  any 
person  engaged  in  preparing,  presenting  or  prosecuting  any  claim 
thereunder,  who  directly  or  indirectly  contracts  for,  demands,  re- 
ceives or  retains  for  such  services  in  preparing,  presenting  or  prose- 
cuting such  claim,  a  sum  greater  than  $10,  which  sum  shall  be  pay- 
able only  upon  the  order  of  the  Commissioner  of  Pensions  by  the 
Disbursing  Clerk  making  pa}7ment  of  the  pension  allowed.  (See 
p.  115.) 

Act  April  19,  1908  (35  Stat.  L.,  64),  provides  that  no  claim  agent 
or  attorney  shall  be  recognized  in  the  adjudication  of  claims  under 
its  first  section,  and  prescribes  a  penalty  for  any  person  engaged  in 
preparing,  presenting  or  prosecuting  any  claim  under  its  second  sec- 
tion, who  shall  directly  or  indirectly  contract  for,  demand,  receive 
or  retain  for  such  services  in  preparing,  presenting  or  prosecuting 
such  claim,  a  sum  greater  than  $10,  which  sum  shall  be  payable  only 
upon  the  order  of  the  Commissioner  of  Pensions  by  the  Disbursing 
Clerk  making  paj^ment  of  the  pension  allowed.  (See  p.  117.) 

Act  August  5,  1892  (27  Stat.  L.,  349),  provides  that  no  fee,  com- 
pensation or  allowance  shall  be  paid  to,  received  or  accepted  by  any 
person  instrumental  in  the  prosecution  of  a  claim  thereunder,  and 
prescribes  a  penalty  for  any  person  who  may  make  claim  upon  any 
applicant  for  any  fee,  compensation  or  allowance  for  services  in 
connection  with  the  prosecution  of  such  a  claim.  (See  p.  116.) 

Act  March  19,  1886  (24  Stat.  L.,  5),  provides  that  no  claim  agent, 
or  attorney  shall  be  recognized  in  the  adjudication  of  claims  there- 
under, nor  shall  any  such  person  be  entitled  to  receive  any  compen- 
sation whatever  for  services  or  pretended  services  in  making  such 
applications.  (See  p.  45.) 

Act  March  3,  1901  (31  Stat.  L.,  1446),  and  Act  February  28,  1903 
(32  Stat.  L.,  921),  provide  that  no  claim  agent  or  other  person  shall 
be  entitled  to  any  compensation  for  services  rendered  in  making 
application  for  pension  under  said  acts.  (See  pp.  52,  53.) 

Act  February  6,  1907  (34  Stat.  L.,  879),  provides  that  no  pension 
attorney,  claim  agent  or  other  person  shall  be  entitled  to  receive  any 
compensation  for  services  rendered  in  presenting  any  claim  to  the 
Bureau  of  Pensions,  or* securing  any  pension  thereunder.  (See  p.  32.) 

Act  June  27,  1902  (32  Stat.  L.,  400),  and  Act  May  30,  1908  (35 
Stat.  L.,  553),  provide  that  all  contracts  theretofore  made  between 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS.  68 

the  beneficiaries  under  said  acts  and  pension  attorneys  and  claim 
agent    are  null  and  void.     (See  pp.  14,  15.) 

Act  May  11,  1912  (37  Stat.  L.,  113),  provides  that  no  person  shall 
be  entitled  to  receive  any  compensation  for  services  rendered  in  pre- 
senting any  claim  to  the  Bureau  of  Pensions,  or  securing  any  pension 
thereunder,  except  in  applications  for  original  pension  by  persons 
who  had  not  theretofore  received  a  pension.  (See  p.  34.) 

REGULATIONS  GOVERNING  ATTORNEYS. 

The  following  sections  in  this  chapter  consist  of  excerpts  from  an 
office  publication  not  available  for  general  distribution,  and  the  num- 
bers of  sections  correspond  with  the  numbers  of  sections  in  that  pub- 
lication: 

344.  A  person  appearing  of  record  in  the  Bureau  of  Pensions  as 
having  complied  with  the  regulations  prescribed  by  the  Secretary 
of  the  Interior  for  the  recognition  of  agents  or  attorneys  before  the 
Department  of  the  Interior  may  be  recognized  to  prosecute  any 
claim  for  pension  or  bounty  land  in  which  the  law  does  not  prohibit 
the  employment  of  an  attorney  or  the  payment  of  an  attorney's  fee, 
on  filing  a  power  of  attorney  from  the  claimant :  Provided,  however, 
That  the  Commissioner  of  Pensions,  in  his  discretion,  may  recognize 
such  person  without  compensation  in  any  claim  for  pension  or  bounty 
land  heretofore  filed,  or  that  may  hereafter  be  filed,  in  which  the  law 
prohibits  the  payment  of  such  fee:  And  provided,  That  where  the 
power  of  attorney  is  in  the  name  of  a  firm  of  agents  or  attorneys 
some  duly  qualified  member  thereof  must  enter  an  appearance  therein 
on  behalf  of  the  firm. 

346.  No  person  can  be  recognized  as  an  agent  or  attorney  before 
this  bureau  until  he  shall  have  complied  with  the  regulations  adopted 
in  pursuance  of  the  act  of  July  4,  1884.  If  the  attorney  has  not 
complied  with  such  regulations  he  shall  be  so  notified  and  furnished 
with  the  proper  blanks  and  a  copy  of  such  regulations  and  of  the 
oath  required. 

348.  The  relation  of  "  principal  and  agent "  is  that  which  shall  be 
recognized  as  the  relation  subsisting  between  claimants  and  those 
acting  for  them  in  prosecuting  their  claims  before  this  bureau. 

349.  Consent  of  the  attorney  of  record  to  a  revocation  or  a  transfer 
of  his  power  shall  be  required,  except  in  such  cases  as  are  otherwise 
permitted  by  the  commissioner. 

350.  Transfers  of  attorneyship  must  be  acknowledged  before  some 
officer  authorized  to  administer  oaths  for  general  purposes  in  the 
presence  of  two  witnesses  who  must  sign  their  names  to  the  instru- 
ment of  transfer. 

351.  In  all  transfers  of  attorneyship  a  separate  slip  must  be  filed 
for  each  claim  transferred,  showing  its  number,  the  name  of  the 
claimant,  the  name  of  the  soldier  or  sailor,  the  service  on  which  the 
claim  is  based,  the  name  and  address  of  the  transferee,  and  an 
acknowledgment  by  the  transferor  of  the  transfer. 

352.  A  transfer  not  general  in  character,  but  of  a  limited  number 
of  claims,  from  one  agent,  attorney,  or  firm  to  another,  must  be 
accompanied  also  by  a  schedule,  alphabetically  arranged,  showing 
for  each  claim  the  data  required  on  said  slips. 


64  LAWS   GOVERNING   ARMY   AND  NAVY   PENSIONS. 

353.  A  transfer  made  by  the  legal  representative  of  deceased  or 
incompetent  agent  or  attorney  must  be  accompanied  by  a  duly  au- 
thenticated certificate  of  an  officer  of  the  court  having  jurisdiction 
showing  the  authority  of  such  representative. 

354.  The  written  consent  of  the  claimant  is  necessary  to  entitle 
a  transferee  to  recognition  in  an  incomplete  claim,  the  transfer  of 
attorney  ship  in  all  such  cases  being  subject  to  protest. 

355.  In  the  event  of  death  if  there  be  no  administration,  the  trans- 
fer must  be  executed  by  the  widow  or  heir,  or  heirs,  and  must  include 
a  statement  as  to  the  death  of  the  attorney,  the  date  thereof,  the 
name  of  his  widow,  if  any,  or  the  name  or  names  of  his  heir  or  heirs, 
that  no  administration  will  be  had,  and  that  there  is  no  objection  to 
the  transfer  on  the  part  of  anyone  having  a  claim  against  the  estate. 
This  affidavit  must  be  corroborated  by  the  affidavits  of  two  disinter- 
ested persons  having  knowledge  of  the  facts. 

356.  No  agent  or  attorney  shall  have  power  to  make  a  valid  assign- 
ment of  any  claim  in  which  he  has  been  recognized,  even  with  the 
written  consent  of  the  claimant,  unless  he  is  at  the  time  of  such  as- 
signment and  of  such  consent  in  good  standing  before  the  Bureau  of 
Pensions. 

357.  Only  a  duly  executed  power  of  attorney  confers  upon  an  agent 
or  attorney  the  right  to  appear  in  a  case  or  to  receive  any  informa- 
tion therein,  and  examiners  shall,  upon  the  receipt  of  a  duly  executed 
power  of  attorney,  no  other  attorney  having  prior  rights,  inform  the 
agent  or  attorney  thereby  empowered  of  the  condition  of  the  case 
and  at  the  proper  time  call  upon  him  for  all  the  necessary  proof. 

358.  No  power  of  attorney  purporting  to  be  executed  by  a  claimant 
shall  be  recognized  as  good  and  valid  unless  the  same  be  signed  bj 
the  claimant  in  the  presence  of  two  witnesses,  neither  of  whom  is  the 
attorney  of  record  in  the  claim,  and  acknowledged  before  an  officer 
duly  authorized  to  administer  oaths  for  general  purposes,  whose  offi- 
cial signature  is  certified  under  seal  and  who  is  not  interested  in  the 
prosecution  of  the  claim  to  which  the  power  of  attorney  may  relate. 

359.  Every  officer  of  the  United  States  or  person  holding  any  place 
of  trust  or  profit  or  discharging  any  official  function  under  or  in  con- 
nection with  any  executive  department  of  the  Government  of  the 
United  States,  or  under  the  Senate  or  House  of  Representatives  of 
the  United  States  is  prohibited,  under  a  heavy  penalty,  from  acting 
as  an  agent  in  a  claim  for  pension  or  from  aiding  and  assisting  in  any 
manner,  otherwise  than  in  the  discharge  of  his  proper  official  duties, 
in  the  prosecution  of  such  claim.     (Sec.  109,  Grim.  Code,  35  Stat.  L., 
p.  HOT.) 

360.  Every  agent,  attorney,  or  other  person  who  shall,  directly  or 
indirectly,  request  of  any  Member  of  either  House  of  Congress,  or  of 
any  United  States  Government  official  or  representative  (other  than 
one  whose  duty  it  is  under  the  law  to  supervise  and  administer  the 
laws,  rules,  and  regulations  governing  the  granting  of  pensions  and 
bounty  land)   aid  or  assistance  in  the  prosecution  of  a  pension  or 
bounty-land  claim,  or  who  shall,  directly  or  indirectly  request  or 
advise  a  claimant  to  seek  such  aid  in  the  prosecution  of  a  pension  of 
bounty-land  claim,  shall  be  held  to  have  abandoned  the  claim  as  agent 
or  attorney  and  shall  thereby  forfeit  his  agency  or  attorneyship  in 
such  claim. 


LAWS   GOVERNING  AEMY  AND   NAVY   PENSIONS.  65 

361.  Every  agent,   attorney,  or  other  person   recognized  by  the 
Department  of  the  Interior  as  entitled  to  practice  before  the  Bureau 
of  Pensions  who  shall  violate  the  provisions  of  the  preceding  section 
shall  be  held  thereafter  incompetent  to  prosecute  claims  before  said 
bureau  within  the  meaning  of  section  5  of  the  act  of  July  4, 1884,  and 
shall  thereby  subject  himself  to  suspension  or  disbarment  from  prac- 
tice before  the  Bureau  of  Pensions. 

362.  In  all  claims  for  pension  where  the  evidence  necessary  to  com- 
plete them  was  filed  by  the  agent  or  attorney  prior  to  suspension  or 
disbarment  from  practice,  and  in  which  the  certificate  does  not  issue 
until  subsequent  thereto,  such  agent  or  attorney  may  be  recognized 
as  though  he  had  not  been  suspended  and  may  be  paid  his  fee. 

363.  If  an  agent  or  attorney  is  disbarred  pending  the  adjudication 
of  a  claim,  and  if,  while  such  disbarment  is  in  force,  the  claim  is 
adjudicated  and  the  certificate  issued  without  certification  of  a  fee 
by  reason  of  such  disbarment,  and  if  thereafter  said  agent  or  attorney 
is  restored  to  practice,  and  if  claimant  has  not,  by  reason  of  such 
disbarment,  canceled  or  revoked  the  authority  theretofore  existing, 
upon  such  restoration  as  aforesaid  the  lawful  fee  shall  be  certified  and 
paid  to  such  agent  or  attorney. 

364.  When  a  claimant  during  the  disbarment  of  his  agent  or  attor- 
ney of  record  employs  another,  who  prosecutes  the  claim  to  final 
adjudication,  no  fee  shall  be  certified  the  disbarred  agent  or  attorney 
upon  his  restoration  to  practice. 

365.  No  calls  for  evidence  or  notices  of  medical  examinations  or  the 
like  should  be  addressed  to  disqualified  attorneys. 

366.  In  all  cases  where  certificates  issue  subsequent  to  the  res- 
toration of  the  agent  or  attorney  prosecuting  the  claim,  it  having 
been  completed  during  his  suspension  without  the  interposition  of 
another  agent  or  attorney  or  revocation  by  claimant  of  his  author- 
ity, said  restored  agent  or  attorney  should  be  recognized,  notwith- 
standing his  power  was  filed  prior  to  the  date  of  his  restoration. 

367.  The  rule  directing  payments  of  fees  to  suspended  agents  or 
attorneys  in  claims  completed  prior  to  their  suspension  shall  not  be 
construed  to  authorize  payment  of  fees  in  cases  in  which  action  on 
such  pending  claims  was  suspended  on  account  of  any  irregularity  or 
informality  in  the  papers  or  evidence  presented  by  such  agents  or 
attorneys  in  the  prosecution  of  such  claims. 

368.  An  applicant  shall  be  allowed  during  the  suspension  of  an 
agent  or  attorney  previously  empowered  to  act  in  said  applicant's 
claim  to  appoint  another  agent  or  attorney  because  of  the  inability 
of  the  former  agent  or  attorney  to  act  for  claimant  before  the  depart- 
ment, even  though  the  said  inability  should  prove  to  have  been  but 
temporary. 

369.  No  fee  shall  be  allowed  to  a  guardian  who  prosecutes  the  claim 
of  his  ward,  or  to  a  firm  of  attorneys  of  which  the  guardian  is  a 
member. 

370.  No  request  of  an  agent  or  attorney  for  consideration  of  his 
title  to  a  fee  shall  be  entertained  unless  the  same  shall  be  filed  in  the 
Bureau  of  Pensions  within  one  year  from  the  date  of  issue  of  the  cer- 
tificate upon  which  such  fee  is  claimed. 

371.  Agents  or  attorneys  practicing  before  this  bureau  are  required 
to  state  the  names  of  all  subagents  or  correspondents  assisting  them 


66  LAWS   GOVERNING   ARMY    AND   NAVY    PENSIONS. 

in  the  prosecution  of  claims  for  pensions  or  bounty  land,  and  the 
interest  said  subagents  or  correspondents  have  in  the  prosecution  of 
such  claims  or  fees  therein.  Any  agent  or  attorney  in  good  standing 
before  the  bureau  who  knowingly  employs  any  person  as  a  subagent 
or  correspondent  prohibited  from  practicing  before  the  department 
shall  be  recommended  for  suspension  from  practice. 

372.  Cases  pending  in  this  bureau  shall  not  be  taken  up  upon  the 
verbal  requests  of  attorneys  or  claim  agents,  nor  in  their  behalf 
except  upon  a  separate  written  inquiry  in  each  case  signed  by  the 
attorney  or  agent  and  in  regular  course  of  business. 

373.  No  claim  pending  in  the  Bureau  of  Pensions  shall  be  con- 
sidered out  of  its  regular  order  upon  the  request  of  an  agent  or 
attorney,  or  any  other  person  except  for  good  cause  shown  and  upon 
the  order  of  the  Commissioner  of  Pensions. 

374.  A  change  of  guardian  in  any  case  during  the  pendency  of  a 
claim  for  pension  does  not  affect  the  right  of  the  original  attorney 
to  recognition  and  to  the  fee  agreed  upon  with  the  guardian  who 
appointed  him. 

375.  The  willful  withholding  of  evidence  by  an  agent  or  attorney 
for  any  cause  shall  be  reported  to  the  Secretary  of  the  Interior  for 
his  action. 

376.  In  claims  for  pension  and  bounty  land  no  greater  fee  than 
is  authorized  by  law  can  be  legally  received  by  an  agent  or  attorney 
or  any  other  person  for  prosecuting  such  claim  for  pension  or  bounty 
land,  and  upon  satisfactory  proof  that  any  agent  or  attorney  has, 
subsequent  to  July  4,  1884,  received  directly  or  indirectly  from  the 
claimant  any  sum  or  sums  for  his  services  in  the  prosecution  of  the 
claim,  said  agent  or  attorney  shall  be  reported  to  the  Secretary  of 
the  Interior  for  disbarment. 

37T.  Where  an  agent,  attorney,  or  other  person  incurs  any  expense 
in  the  prosecution  of  a  claim  before  the  Bureau  of  Pensions,  he  must 
file  a  sworn  itemized  account  of  such  expense  with  the  Commissioner 
of  Pensions  and  secure  the  approval  thereof  before  demanding  or 
receiving  reimbursement  from  the  claimant  or  pensioner. 

378.  In  a  claim  under  the  act  of  March  2,  1895,  for  the  accrued 
pension  due  in  an  admitted  case  from  the  date  of  last  payment  to 
pensioner's  death,  the  agent  or  attorney  of  record  is  permitted,  upon 
the  allowance  of  the  claim,  to  receive  as  a  fee,  direct  from  the  claimant 
or  beneficiary,  10  per  cent  of  the  amount  of  the  accrued  pension  paid ; 
but  in  no  event  shall  such  agent  or  attorney  be  permitted  to  demand, 
receive,  or  retain  a  fee  in  excess  of  $10  in  any  one  claim. 

379.  When  an  agent  or  attorney  is  called  upon  by  the  Commis- 
sioner of  Pensions  to  furnish  evidence  in  any  claim  he  shall  be  al- 
lowed 90  days  within  which  to  furnish  same  or  to  give  reasons  why  he 
fails  to  do  so.    Before  such  agent  or  attorney  is  dropped  or  another 
recognized  (at  any  time  within  one  year)  he  shall  be  given  30  days' 
notice  to  show  cause  why  he  is  not  guilty  of  laches.     In  the  event 
that  such  answer  be  not  filed  within  30  days  from  the  mailing  of  such 
notice,  or  that  the  answer  thereto  be  held  by  the  Commissioner  of 
Pensions  to  be  insufficient,  claimant  shall  be  notified  of  such  failure 
and  may  file  the  same,  either  by  himself  or  by  such  other  attorney 
as  he  may  elect;  and  upon  the  recognition  of  such  other  attorney 
the  former  agent  or  attorney  shall  be  estopped  from  claiming  any  fee. 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS.  67 

380.  An  agent  or  attorney  shall  be  required  to  exercise  due  dili- 
gence in  all  cases  in  which  he  is  recognized.    Neglect  to  prosecute  a 
claim  for  one  year  shall  be  held,  in  default  of  cause  shown,  conclusive 
evidence  of  the  abandonment  of  a  claim  by  the  agent  or  attorney, 
and  claimant  shall  be  so  advised.    To  call  up  a  case  shall  not  be  held 
of  itself  a  substantial  compliance  with  any  specific  requirement  of 
the  Commissioner  of  Pensions. 

381.  Agents  and  attorneys  are  required  to  conduct  their  business 
with  the  office  with  decorum  and  courtesy.     Papers  in  violation  of 
this  requirement  may,  by  order  of  the  commissioner,  be  returned. 
Flagrant  violation  of  this  rule  shall  be  cause  for  disbarment. 

382.  Upon  the  rejection  of  a  claim  for  pension  or  bounty  land  the 
agent  or  attorney  of  record  shall  be  notified  of  such  rejection  and  the 
reason  therefor,  and  shall  be  allowed  90  days  from  the  date  of  such 
notice  within  which  to  file  a  motion  for  reconsideration,  supported 
by  material  evidence,  or  within  which  to  enter  an  appeal  to  the 
Secretary  of  the  Interior;  and,  on  his  failure  to  do  either  he  shall 
be  held  to  have  abandoned  the  case,  and  the  claimant  may  employ  any 
other  duly  qualified  agent  or  attorney  further  to  prosecute  the  claim. 

383.  The  claimant  shall  have  the  privilege  of  exercising  his  right 
at  any  stage  of  the  claim  to  revoke  a  power  of  attorney  and  dis- 
charge his  agent  upon  a  showing  of  cause  deemed  good  and  sufficient 
by  the  commissioner. 

384.  The  full  fee  payable  by  the  bureau  shall  be  paid  on  the  issu- 
ing of  the  first  certificate,  provided,  of  course,  there  is  an  allowance 
sufficient  for  that  purpose. 

385.  All  articles  of  agreement  in  claims  for  pension  or  bounty  land 
that  conform  to  the  requirements  of  the  law  and  regulations  shall  be 
accepted  if  filed  prior  to  the  date  of  the  issue  of  the  certificate  or  of 
the  bounty-land  warrant. 

386.  No  articles  of  agreement  filed  under  the  act  of  July  4,  1884, 
shall  be  recognized  as  valid,  and  no  fee  shall  be  paid  thereunder, 
unless  the  claimant's  signature  thereto  is  witnessed  by  two  attesting 
witnesses  anc}  acknowledged  before  some  officer  authorized  to  ad- 
minister oaths  for  general  purposes  whose  official  signature  is  certified 
under  seal. 

The  attorney's  acceptance  of  such  agreement  must  also  be  executed 
before  some  officer  duly  authorized  to  administer  oaths  for  general 
purposes  whose  official  signature  is  certified  under  seal. 

387.  No  power  of  attorney  or  articles  of  agreement  shall  be  accepted 
as  valid  wherein  the  claimant's  acknowledgment  is  taken  before  an 
officer  who  is  the  agent  or  attorney  named  therein,  or  where  the  agent 
or   attorney   acts   as   one   of   the   attesting   witnesses   to   claimant's 
signature  to  such  instrument. 

388.  A  declaration,  affidavit,  or  any  paper  requiring  execution  or 
acknowledgment  in  connection  with  a  claim  for  pension  or  bounty 
land  must  be  executed  or  acknowledged  before  an  officer  duly  author- 
ized to  administer  oaths  for  general  purposes  who  is  not  interested  in 
the  prosecution  of  the  claim  to  which  said  paper  pertains,  and  the 
jurat  must  so  show.    An  agent  or  attorney  who  shall  file  any  paper 
containing  in  the  jurat  a  false  statement  that  the  officer  before  whom 
such  paper  was  executed  or  acknowledged  is  not  interested  in  the 
prosecution  of  the  claim,  or  any  statement  equivalent  thereto,  when 
in  truth  and  in  fact  such  agent  or  attorney  has  entered  into  a  con- 


68  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

tract,  agreement,  or  understanding  with  such  officer  by  virtue  of 
which  said  officer  is  to  receive  compensation  or  a  commission  from 
such  agent  or  attorney,  in  the  event  of  the  allowance  of  the  claim, 
may  be  recommended  to  the  Secretary  of  the  Interior  for  disbarment 
from  practice  before  the  Bureau  of  Pensions. 

389.  Articles  of  agreement,  to  be  recognized  as  valid  by  the  Com- 
missioner of  Pensions,  must  be  in  duplicate  and  in  the  form  pre- 
scribed by  order  of  July  8,  1884,  and  have  printed  upon  the  reverse : 
"  Notice  to  claimant :  "  "  This  agreement  is  permissible  under  the  law, 
but  not  compulsory,"  and  a  copy  of  the  act  of  July  4,  1884. 

390.  The  following  is  the  form  of  articles  of  agreement  prescribed 
by  the  Commissioner  of  Pensions  and  approved  by  the  Secretary  of 
the  Interior  July  8, 1884,  under  the  provisions  of  the  act  of  Congress 
approved  July  4,  1884: 

(To  be  executed  in  duplicate  without  additional  cost  to  claimant.) 
ABTICLES  OF  AGREEMENT. 

Whereas  I, ,  late  a in  company of  the Regiment 

of Volunteers,  war  of ,  having  made  application  for  pension  under 

the  laws  of  the  United  States : 

Now  this  agreement  witnesseth,  That  for  and  in  consideration  of  services 
done  and  to  be  done  in  the  premises,  I  hereby  agree  to  allow  my  attorney, 

' ,  of ,  the  fee  of dollars,  which  shall  include  all 

amounts  to  be  paid  for  any  service  in  furtherance  of  said  claim ;  and  said  fee 
shall  hot  be  demanded  by  or  payable  to  my  said  attorney,  in  whole  or  in  part, 
except  in  case  of  the  granting  of  my  pension  by  the  Commissioner  of  Pensions ; 
and  then  the  same  shall  be  paid  to  him  in  accordance  with  the  provisions  of 
sections  4768  and  1769  of  the  Revised  Statutes  United  States. 

(Signature  of  claimant.)     

(Post-office  address.)     

(Signatures  of  two  witnesses.) 

STATE  OF ,  County  of ,  ss: 

Be  it  known  that  on  this,  the day  of ,  A.  D.  1 ,  personally  ap- 
peared   ,  the  above  named,  who,  after  having  had  read  over  to 

,  in  the  hearing  and  presence  of  the  two  attesting  witnesses,  the  con- 
tents of  the  foregoing  articles  of  agreement,  voluntarily  signed  and  acknowl- 
edged the  same  to  be free  act  and  deed. 

[L.  s.]  (Official  signature.)     

And  now,  to  wit,  this day  of A.  D.,  1 , accept  the  pro- 
visions contained  in  the  foregoing  articles  of  agreement,  and  will,  to  the  best  of 

ability,  endeavor  faithfully  to  represent  the  interest  of  the  claimant  in 

the  premises.     hereby  certify have  received  from  the  claimant 

above  named  the  sum  of dollars,  and  no  more; dollars  being  for 

fee,  and  the  sum  of dollars  being  for  postage  and  other  expenses.     And 

that  these  agreements  have  been  executed  in  duplicate,  without  additional  cost 
to  the  claimant,  as  required  by  law,  in  excess  of  the  fee  above  named,  the  said 
attorney  making  no  charge  therefor. 

Witness hand  the  year  and  day  above  written. 

(Signature  of  attorney.)     

STATE  OF ,  County  of ,  ss: 

Personally  came ,  whom  I  know  to  be  the  person repre- 
sents   to  be,  and  who  having  signed  above  acceptance  of  agreement, 

acknowledged  the  same  to  be free  act  and  deed. 

[L.  s.]  (Official  signature.)     

Approved  for dollars,  and  payable  to  ,  of ,  the 

recognized  attorney.  , 

Commissioner  of  Pensions. 


LAWS   GOVERNING    ARMY   AND   NAVY   PENSIONS.  69 

391.  Where  only  one  copy  of  articles  of  agreement  is  filed,  attor- 
neys shall  be  allowed  to  file  a  duplicate  of  the  same,  executed  by  both 
parties  in  interest  at  any  time  before  the  issuing  of  the  certificate  or 
bounty-land  warrant.     When  a  claim  for  bounty   land  has  been 
allowed  and  the  warrant  issued,  one  approved  copy  of  the  articles  of 
agreement  shall  be  forwarded  to  the  agent  or  attorney  of  record  and 
the  other  preserved  in  the  files  of  the  claim.    The  bounty-land  war- 
rant shall  be  forwarded  direct  to  the  party  entitled  to  the  possession 
thereof. 

392.  Articles  of  agreement  and  powers  of  attorney  not  properly 
executed  for  any  cause  must  be  retained  in  the  claim  and  the  attorney 
advised  why  same  can  not  be  accepted. 

393.  An  agent  or  attorney  may  request  and  receive  from  a  claimant 
a  sum  not  exceeding  50  cents  for  postage  in  the  prosecution  of  any 
one  claim,  original  or  increase,  but  compliance  with  such  request  of 
the  agent  or  attorney  is  optional  with  the  claimant.     Agents  and 
attorneys  are  not  allowed  to  demand  a  sum  for  postage  as  a  right  or 
to  refuse  to  prosecute  a  claim  where  the  request  for  postage  is  not 
complied  with. 

395.  Attorneys  presenting  questions  for  the  consideration  of  the 
Law  Division  shall  submit  their  points,  authorities,  and  arguments 
in  writing,  and  shall  not  be  permitted  to  enter  that  division  either 
to  examine  cases  or  to  make  oral  arguments.     Communications  on 
such  matters  may  be  addressed  to  the  Commissioner  of  Pensions 
and  marked  "  For  the  Law  Division,"  and  may  be  transmitted  by 
mail  or  left  with  the  chief  clerk. 

396.  Motions  to  reconsider  rulings  and  decisions  of  the  Law  Divi- 
sion shall  not  be  entertained  by  that  division  unless  it  plainly  ap- 
pears that  some  act  of  Congress,  decision  of  the  Secretary,  ruling  of 
the  commissioner,  or  some  controlling  evidence  in  the  case  was  over- 
looked. 

397.  Fee  agreements  which  are  regular  in  every  particular  except 
that  the  blanks  in  the   attorney's  acceptance  relating  to   advance 
payment  of  part  of  the  fee  and  of  any  amount  for  postage  have  not 
been  filled  in  by  the  attorneys  shall  not  be  wholly  disregarded.    The 
fee  should  be  withheld  in  such  cases  and  the  matter  referred  to  the 
Law  Division  for  appropriate  action. 

399.  Every  agent,  attorney,  or  other  person  recognized  by  the 
Department  of  the  Interior  as  entitled  to  practice  before  the  Bureau 
of  Pensions  shall  submit  to  the  Commissioner  of  Pensions  copies  of 
all  proposed  advertising  matter  intended  to  solicit  business  before 
the  Bureau  of  Pensions,  and  if  the  same  be  not  disapproved  by  the 
Commissioner  of  Pensions  and  the  agent  or  attorney  so  notified 
within  10  days  from  the  date  of  filing  the  same  shall  be  held,  prim  a 
facie,  approved. 

400.  Advertising  matter  may  contain  clear,  correct,  and  explicit 
statements  of  the  law,  the  name  and  address  of  the  attorney,  and  the 
information  that  he  prosecutes  claims  for  pension  and  bounty  land. 

401.  The  use  by  an  agent  or  attorney  of  the  characters  "  U.  S.," 
or  the  words  "  United  States,"  as  a  part  of  his  title,  or  of  the  title  of 
his  business,  is  misleading  and  shall  not  be  permitted. 

402.  Where,  through  a  mistake  of  fact,  or  fraud  on  the  part  of  an 
agent  or  attorney,  a  fee  to  which  he  is  not  entitled  has  been  paid  to 
him  he  shall  be  required  to  refund  the  same  on  demand  by  the  Com- 


70  LAWS   GOVERNING   ARMY   AND  NAVY   PENSIONS. 

missioner  of  Pensions ;  and  his  failure  or  refusal  to  refund,  after  such 
demand,  shall  render  him  liable  to  suspension  or  disbarment  from 
practice  before  the  Bureau  of  Pensions. 

403.  A  State  officer,  charged  with  the  duty  of  looking  after  the 
interests  of  claimants  for  pension,  may  have  information  in  con- 
nection with  a  claim  for  pension,  where  designated  by  the  claimant, 
and  such  officer  shall  be  advised  as  to  calls  for  evidence  and  the  final 
disposition  of  the  claim. 
513.  Table  of  attorney  -fees  allowed,  by  law. 

In  original  claims  allowed  under  all  general  laws  (except  such  acts  as 
do  not  provide  for  payment  of  a  fee),  (sec.  4,  act  July  4,  1884)  a  fee- 
On  properly  executed  articles  of  agreement,  any  amount  contracted 

for,  not  exceeding $25.  00 

Without  articles  of  agreement 10.  00 

Act  June  27,  1890  (sec.  4  of  said  act) 10.  00 

Act  Apr.  19,  1908  (sec.  2  of  said  act) 10.  00 

Act  May  11,  1912,  on  original  allowance  only  and  only  in  cases  where 
such  allowance  is  made  to  a  person  who  was  not  a  pensioner  under 
any  law  at  passage  of  the  act,  and  ha<!  never  received  a  pension  prior 
to  that  date — 

On  properly  executed  articles  of  agreement,  any  amount  contracted 

for,  not  exceeding 25.  00 

Without  articles  of  agreement 10.  00 

Supplemental  claims  allowing  pension — 

For  child  by  former  marriage,  if  filed  by  new  attorney 10.00 

For  helpless  child — 

If  named  in  original  application,  but  new  attorney  presents 

claim r 10.00 

If  not  so  named,  whether  supplemental  claim  be  filed  by  new 

or  original  attorney 10.00 

For  posthumous  child,  born  after  filing  claim,  unless  expressly 
exempted  by  mutual  agreement  between  claimant  and  at- 
torney    10.00 

Rerating  or  reissue  to  correct  rate  or  date  of  commencement,  if  filed  by 

new  attorney  (11  P.  D.,  202) 10.  00 

Reduction  in  rate  of  pension,  for  services  rendered  in  preventing  (Sec- 
retary's decision,  Dec.  27,  1900,  case  of  Charles  Hebel,  certificate 

No.    113168) 10.  00 

Dropping  pensioner's  name  from  roll,  for  services  rendered  in  prevent- 
ing (9  P.  D.,  236) 10.00 

Renewal,  restoration,  removal  of  suspension,  etc.,  "  cases  of  difficulty 
and  trouble"  (sec.  4,  act  July  4,  1884),  commissioner  may  recognize 

articles  of  agreement  for  not  exceeding  (8  P.  D.,  182) 25.00 

Restoration — 

Dropped  for  loss  of  title  on  testimony  taken  by  a  special  examiner 
showing  that  the  disability  or  cause  of  death  on  account  of  which 
pension  was  allowed  did  not  originate  in  line  of  duty,  and  in 
cases  of  dependent  relatives  whose  names  were  dropped,  on  like 
testimony,  upon  the  ground  of  nondependence  (act  July  4,  1884), 
in  claims  under  all  general  laws  (except  act  June  27,  1890,  act 
Apr.  19,  1908,  and  such  acts  as  do  not  provide  for  payment 
of  a  fee) — 

On  properly  executed  articles  of  agreement,  any  amount  con- 
tracted for,  not  exceeding 25.  00 

Without  articles  of  agreement 10.  00 

Under  act  June  27,  1890 10.  00 

Under  act  Apr.  19,  1908 10.  00 

Where  dropped  under  sec.  4719,  R.  S.  (4  P.  D.,  405) 10.00 

Increase  claims — 

Mexican  War,  Jan.  5,  1893,  and  amendatory  acts,  in  which  fee  was 

not  paid  prior  to  Sept.  20,  1902  (12  P.  D.,  505) 10.  00 

In  cases  where  increase  is  granted  because  of  increase  of  the  dis- 
ability for  which  pension  was  originally  allowed  (act  Mar.  3. 
1891) 2.00 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS.  71 

514.  Not  payable  on  order  of  Commissioner  of  Pensions,  but  a  mutter 
of  contract  between  claimant  and  attorney,  subjecting  the  latter  to 
disciplinary  proceedings  in  the  event  of  extortion  or  unreason 
ableness. 

Accrued  pensions,  act  Mar.  2,  1895,  due  deceased  pensioners  (sec.  378, 
p.  66)  :  Attorney  may  collect  10  per  cent  of  accrued  pension  paid, 
but  fee  must  not  exceed $10. 00 

Divided  pensions,  act  Mar.  3,  1899  (10  P.  D.,  403)  :  Attorney  may  collect 
reasonable  fee,  and  in  absence  of  abuse  or  misconduct  on  his  part, 
justifying  disbarment,  Commissioner  of  Pensions  has  no  authority. 

515.  Cases  wherein  fees  are  denied. 

By  law: 

Act  July  4,  1884,  arrears  of  pension  allowed  by  Congress  subse- 
quent to  original  grant No  fee. 

Act  Mar.  19,  1886,  increasing  rates  of  pension  to  certain  widows—    No  fee. 

Act  Aug.  5,  1892,  granting  pensions  to  Army  nurses No  fee. 

Act  Mar.  3,  1901,  and  act  Feb.  28,  1903,  amending  sec.  4708  R.  S., 

giving  pensionable  status  to  certain  remarried  widows No  fee. 

Act  Feb.  6,  1907,  granting  pensions  to  certain  survivors  of  the 
Mexican  and  Civil  Wars No  fee. 

Act  May  28,  1908,  for  services  in  introducing  or  securing  the  pass- 
age of  a  private  act  of  Congress  granting  a  pension No  fee. 

Act  May  11,  1912,  if  a  pensioner  at  date  of  the  passage  of  the  act, 

or  had  been  a  pensioner  prior  to  its  approval No  fee. 

By  departmental  construction  or  regulations : 

Increase  of  pension  by  operation  of  law No  fee. 

Claim  filed  by  State  agent  or  commissioner  (7  P.  D.,  293) No  fee. 

Wherein  power  of  attorney  only  is  filed  (4  P.  D.,  356 ;  7  P.  D.,  517)  _    No  fee. 

Wherein  no  service  is  rendered  (7  P.  D.,  517) No  fee. 

Wherein  attorney  transmits  only  order  for  medical  examination  or 
reasons  for  claimant's  failure  to  appear  for  such  examination 
(9  P.  D.,  375),  unless  in  response  to  bureau  call No  fee. 

Where  guardian,  as  attorney,  prosecutes  claim  of  his  ward,  or  firm 
of  attorneys  of  which  guardian  is  a  member,  prosecutes  such 
claim  (Sec.  369,  this  chapter) No  fee. 

Where  no  fund  accrues  by  reason  of  allowance  out  of  which  fee 

could  be  paid  (8  P.  D.,  139;  11  P.  D.,  149) No  fee. 

Reissue  to  include  new  disability,  if  no  increase  (8  P.  D.,  139) No  fee. 

Rerating  or  reissue  to  correct  rate  or  date  of  commencement,  if 
same  attorney  as  in  original  claim  (7  P.  D.,  359;  13  P.  D.,  75)___  No  fee. 

Securing  new  or  duplicate  pension  certificate  (8  P.  D.,  261) No  fee. 

Supplemental  claims  allowing  pension — 

For  child  by  former  marriage  if  claim  be  filed  by  original 

attorney  (7  P.  D.,  47;  16  P.  D.,  546) No  fee. 

For  helpless  child  if  child  named  as  helpless  in  original  decla- 
ration, to  original  attorney  (9  P.  D.,  117) No  fee. 

516.  Postage. 

By  order  of  May  26,  1891,  attorneys  may  receive  from  and  after  April 
22,  1891,  for  postage  in  any  one  claim $0.50 

REGULATIONS  UNDER  ACT  OF  MARCH  3,  1899. 

Claims  for  division  of  pension  under  the  act  of  March  3,  1899. 
will  be  adjudicated  in  accordance  with  the  following  rules: 

105.  Claimants  will  be  required  to  file  with  their  declarations  proof 
in  support  thereof  sufficient  to  establish  a  prima  facie  case  under  the 
law. 

107.  Where  the  claim  is  filed  by  the  wife,  alleging  that  the  pen- 
sioner has  deserted  her  for  a  period  of  over  six  months  subsequent 
to  March  8,  1899,  and  prior  to  the  execution  and  filing  of  the  declara- 
70942°— 17 6 


72  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

tion,  the  declaration  must  be  accompanied  by  evidence  showing  that 
she  is  the  wife  of  the  pensioner ;  that  the  pensioner  has  deserted  her 
for  the  period  alleged  in  the  declaration ;  and  that  she  is  a  woman  of 
good  moral  character  and  in  necessitous  circumstances. 

108.  Where  the  claim  is  filed  by  a  wife,  alleging  that  the  pensioner 
is  an  inmate  of  a  State  home  for  soldiers  or  sailors,  the  declaration 
must  be  accompanied  by  evidence  showing  that  the  claimant  is  the 
wife  of  the  pensioner ;  that  she  is  a  woman  of  good  moral  character ; 
that  she  is  in  necessitous  circumstances;  and  that  she  is  not  also  an 
inmate  of  the  same  institution  or  of  some  home  provided  for  the 
wives  and  children  of  soldiers  and  sailors. 

109.  Where  the  claim  is  filed  by  the  wife,  alleging  that  the  pen- 
sioner is  an  inmate  of  a  National  Soldiers'  Home,  the  declaration  must 
be  accompanied  by  evidence  showing  that  the  claimant  is  the  wife 
of  the  pensioner;  that  she  is  a  woman  of  good  moral  character;  and 
that  she  is  in  necessitous  circumstances. 

110.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child  or 
children,  under  16  years  of  age,  of  a  pensioner,  alleging  that  pen- 
sioner has  deserted  said  child  or  children,  the  declaration  must  be 
accompanied  by  evidence  showing  the  marriage  of  the  parents ;  the 
date  of  birth  of  each  child;  death  or  divorce  of  the  mother  of  the 
minor  child  or  children,  or  that  she  has  no  title  under  the  said  act; 
that  the  pensioner  has  deserted  such  child  or  children  for  the  period 
alleged ;  and  in  the  event  of  the  death  or  divorce  of  the  mother  of  the 
minor  child  or  children  that  the  pensioner  had  not  remarried  prior 
to  the  statutory  date  of  desertion  or  that  his  present  wife  has  no 
title  under  said  act. 

111.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child  or 
children,  under  16  years  of  age,  of  the  pensioner,  alleging  that  the 
pensioner  is  an  inmate  of  a  State  home  for  soldiers  or  sailors,  the  dec- 
laration must  be  accompanied  by  evidence  showing  the  marriage  of 
the  parents ;  the  date  of  birth  of  each  child ;  the  death  or  divorce  of 
the  mother  of  the  minor  child  or  children,  or  that  she  has  no  title 
under  the  act  of  March  3.  1899 ;  in  the  event  of  the  death  or  divorce 
of  the  mother,  that  the  pensioner  had  not  remarried  prior  to  the 
statutory  date  of  entrance  into  the  home,  or  that  his  present  wife 
has  no  title  under  said  act;  and  that  the  children  are  not  also  in- 
mates of  the  same  institution  or  of  some  home  provided  for  the  wives 
and  children  of  soldiers  and  sailors. 

112.  Where  the  claim  is  filed  by  or  on  behalf  of  the  minor  child  or 
children,  under  16  years  of  age,  of  the  pensioner,  alleging  that  the 
pensioner  is  an  inmate  of  a  National  Soldiers'  Home,  the  declaration 
must  be   accompanied  by  evidence   showing  the   marriage   of   the 
parents;  the  date  of  birth  of  each  child;  the  death  or  divorce  of  the 
mother  of  the  minor  child  or  children,  or  that  she  has  no  title  under 
the  act  of  March  3,  1899 ;  and,  in  the  event  of  the  death  or  divorce  of 
the  mother,  that  the  pensioner  had  not  remarried  prior  to  the  statu- 
tory date  of  entrance  in  the  home,  or  that  his  present  wife  has  no  title 
under  said  act. 

113.  Where  the  claim  is  filed  by  or  on  behalf  of  a  permanently 
helpless  and  dependent  child  of  a  pensioner,  alleging  that  pensioner 
has  deserted  such  child,  the  declaration  must  be  accompanied  by 
evidence  showing  the  marriage  of  the  parents;  the  date  of  birth  of  the 
child;  the  death  or  divorce  of  the  mother  of  the  child,  or  that  she 


LAWS  GOVERNING   ARMY   AND   NAVY   PENSIONS.  73 

has  no  title  under  the  said  act ;  that  the  pensioner  has  deserted  such 
child  for  the  period  alleged;  that  the  child  is  permanently  helpless 
and  dependent ;  and  In  the  event  of  the  death'  or  divorce  of  the  mother 
of  such  child,  that  the  pensioner  had  not  remarried  prior  to  the  statu- 
tory date  of  desertion,  or  that  his  present  wife  has  no  title  under  said 
act. 

114.  Where  the  claim  is  filed  by  or  on  behalf  of  the  permanently 
helpless  and  dependent  child  of  a  pensioner,  alleging  that  the  pen- 
sioner is  an  inmate  of  a  State  home  for  soldiers  or  sailors,  the  dec- 
laration must  be  accompanied  by  evidence  showing  the  marriage  of 
the  parents ;  the  date  of  birth  of  the  child ;  the  death  or  divorce  of 
the  mother  of  such  child ;  that  such  child  is  permanently  helpless  and 
dependent ;  in  the  event  of  the  death  or  divorce  of  the  mother  of  said 
child,  that  the  pensioner  had  not  remarried  prior  to  the  statutory 
date  of  entrance  into  the  home,  or  that  his  present  wife  has  no  title 
under  said  act ;  and  that  said  child  is  not  also  an  inmate  of  the  same 
institution  or  of  some  home  provided  for  the  wives  and  children  of 
soldiers  and  sailors. 

115.  Where  the  claim  is  filed  by  or  on  behalf  of  a  permanently 
helpless  and  dependent  child  of  a  pensioner,  alleging  that  the  pen- 
sioner is  an  inmate  of  a  National  Soldiers'  Home,  the  declaration  must 
be  accompanied  by  evidence  showing  the  marriage  of  the  parents; 
the  date  of  birth  of  the  child ;  the  death  or  divorce  of  the  mother  of 
such  child ;  that  she  has  no  title  under  the  act  of  March  3,  1899 ;  that 
such  child  is  permanently  helpless  and  dependent;  and,  in  the  event 
of  the  death  or  divorce  of  the  mother  of  said  child,  that  pensioner- 
had,  not  remarried  prior  to  the  statutory  date  of  entrance  into  the 
home  or  that  his  present  wife  has  no  title  under  said  act. 

116.  A  declaration,  unaccompanied  by  evidence  as  indicated  herein 
sufficient  to  establish  a  prima  facie  case,  shall  not  be  considered  as 
conferring  any  right  upon  the  claimant,  or  as  serving  notice  upon  the 
bureau  sufficient  to  warrant  the  suspension  or  the  withholding  of  any 
part  of  the  pension  due  or  owing  to  the  pensioner.    Such  a  declara- 
tion, when  received,  shall  be  promptly  returned  to  the  claimant, 
with  a  statement  indicating  the  evidence  necessary  to  complete  the 
application.     The  evidence  accompanying  such  declaration,  if  any. 
shall  be  retained  in  the  bureau,  and  upon  the  return  of  the  declara- 
tion, with  the  evidence  necessary  to  make  a  prima  facie  case,  the 
claim  shall  be  filed  and  jacketed. 

117.  (a)  Upon  the  filing  by  the  wife,  minor  child  or  children,  or 
by  the  permanently  helpless  and  dependent  child  of  the  pensioner 
of  a  declaration,  accompanied  by  sufficient  evidence  to  establish  a 
prima  facie  case  under  the  act  of  March  3,  1899,  the  Chief  of  the 
Finance  Division  shall  at  once  be  instructed  to  cause  payment  of 
one-half  the  pension  due  and  unpaid,  and  thereafter  to  become  due 
the  pensioner,  from  the  date  of  statutory  desertion  or  of  entrance  into 
a  State  or  National  Soldiers'  Home,  and  during  the  pendency  of  the 
claim  under  said  act,  to  be  suspended. 

(b)  The  Chief  of  the  Finance  Division,  upon  receipt  of  an  order 
to  suspend  payment  of  one-half  pension  to  a  pensioner,  shall  make  a 
record  entry  of  the  same  and  shall  promptly  acknowledge  receipt 
thereof,  and  thereafter  no  payment  of  the  one-half  pension  shall  be 
made  to  any  person  until  further  directed  by  the  Commissioner  of 
Pensions. 


74  LAWS   GOVERNING  ARMY   AND  NAVY   PENSIONS. 


me, 


(c)  In  case  the  pensioner  is  an  inmate  of  a  National  Soldiers  ^, 
the  treasurer  of  said  home  shall,  on  the  same  date  of  the  order  of 
suspension  to  the  Chief  of  the  Finance  Division,  be  duly  advised 
through  the  governor  of  said  home  of  such  order  of  suspension.  If 
on  the  date  of  the  receipt  of  said  order  by  the  treasurer  of  the  home 
he  shall  be  in  possession  of  any  unexpended  pension  money  drawn  in 
the  pensioner's  behalf,  or  to  which  the  pensioner  became  entitled 
during  his  residence  in  said  home  subsequent  to  March  3,  1899,  the 
treasurer  shall  withhold  and  retain  possession  of  one-half  of  such 
unexpended  pension  money,  subject  to  the  future  orders  of  the  Com 
missioner  of  Pensions. 

118.  In  all  cases  filed  under  the  act  of  March  3,  1899,  and  allowed 
the  claimant,  within  the  period  covered  by  title  as  established,  is  en 
titled  to  one-half  of  so  much  of  the  unpaid  pension  as  is  due  or  owin, 
to  the  pensioner  at  the  date  of  the  filing  of  the  declaration,  and  cov 
ering  the  period  from  the  date  of  the  statutory  desertion,  subsequen 
to  the  passage  of  the  act  of  March  3,  1899,  or  covering  the  perioc 
from  the  entrance  of  the  pensioner  into  a  State  soldiers'  or  sailors 
home,  or  a  National  Soldiers'  Home,  subsequent  to  the  passage  of  th 
act  of  March  3,  1899.    In  cases  of  desertion,  where  the  desertion  oc 
curred  prior  to  the  passage  of  the  act  of  March  3,  1899,  the  date  o 
statutory  desertion  shall  be  accepted  as  March  4,  1899.     In  case 
where  the  desertion  occurred  subsequent  to  March  3,  1899  (the  date 
of  the  passage  of  the  act),  the  date  of  the  actual  desertion  shall  be 
accepted  as  the  date  of  the  commencement  of  the  statutory  desertion. 
No  right  can  accrue  to  a  wife  claimant  until  the  pensioner  has  been 
in  actual  desertion  for  a  period  of  over  six  months  prior  to  the  execu- 
tion of  her  declaration,  and  no  right  of  application  by  a  wife,  under 
the  act,  can  accrue  on  account  of  desertion,  until  six  months  have  ex- 
pired from  the  date  of  such  desertion. 

119.  In  cases  filed  under  the  act  of  March  3,  1899,  where  the  pen- 
sioner is  an  inmate  of  a  State  soldiers'  or  sailors'  home  or  a  National 
Soldiers'  Home,  the  actual  date  of  entrance  into  the  home  subsequent 
to  March  3,  1899,  shall  govern.    If  at  the  date  of  the  passage  of  the 
act  the  pensioner  was  an  inmate  of  a  State  soldiers'  or  sailors'  home 
or  a  National  Soldiers'  Home,  March  4,  1899,  shall  be  considered  as 
the  statutory  date  of  the  pensioner's  entrance  into  the  soldiers'  home, 
and  payment,  if  the  claim  is  allowed,  shall  be  one-half  of  so  much 
of  the  pension  as  remained  unpaid  and  due  and  owing  to  the  pen- 
sioner at  the  date  of  the  filing  of  the  declaration. 

120.  Where  an  increase  of  pension  is  allowed  a  pensioner  subse- 
quent to  the  allowance  of  a  claim  under  the  act  of  March  3,  1899,  the 
beneficiary  shall  be  entitled  to  one-half  of  only  so  much  of  the  pen- 
sion as  is  due  the  pensioner  covering  the  period  subsequent  to  the 
statutory  desertion  established  in  the  claim,  or  subsequent  to  the  date 
of  the  entrance  of  the  pensioner  into  the  soldiers'  home  subsequent 
to  the  passage  of  the  act  of  March  3,  1899,  and  within  the  period  cov- 
ered by  title  as  established. 

121.  As  promptness  in  the  adjudication  of  claims  filed  under  the 
act  of  March  3, 1899,  is  imperative,  to  avoid  vexatious  charges  against 
one  or  the  other,  both  the  claimant  and  the  pensioner  shall  be  re- 
quired to  answer  promptly  calls  made  for  evidence. 

122.  Where  a  prima  facie  case  under  the  act  of  March  3,  1899,  has 
been  filed,  the  pensioner  shall  receive  the  usual  notice  of  the  filing 


LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS.  75 

of  the  claim,  and  shall  be  allowed  30  days,  as  herein  provided,  from 
the  receipt  of  said  notice,  to  answer  the  allegations  made  therein. 
Where  pensioner  has  made  answer  under  oath,  the  substance  of  his 
allegations,  with  the  evidence  filed  in  support  thereof,  if  any,  shall 
be  furnished  the  claimant,  and  30  days  allowed  for  reply  thereto. 
Should  the  claimant  fail  to  complete  the  claim,  or  fail  to  give  satis- 
factory reason  for  so  doing,  the  case  should  be  rejected,  on  the 
ground  that  claimant  has  failed  to  establish  title  within  the  meaning 
of  said  act. 

123.  Where  the  pensioner  receives  the  usual  30-day  notice  of  the 
filing  of  the  claim  under  the  act  of  March  3,  1899,  and  fails  to  make 
answer  within  30  days  from  the  receipt  thereof,  he  shall  be  con~ 
sidered  as  waiving  his  right  of  answer,  and  the  registry  return 
receipt  card,  or  other  evidence,  showing  his  receipt  thereof,  shall  be 
considered  as  proof  of  service  upon  him  of  notice  of  the  filing  of  the 
claim  and  his  waiver  of  answer  thereto. 

124.  Upon  the  adjudication  of  a  claim  under  the  act  of  March  3, 
1899,  the  bureau  shall  promptly  notify  both  parties  of  the  action 
taken,  by  registered  letter,  informing  both  that  30  days  from  the  mail- 
ing of  said  notice  will  be  allowed  for  the  purpose  of  appealing  from 
the  decision  of  the  bureau,  and  there  shall  be  inclosed,  to  both  claim- 
ant and  pensioner,  a  copy  of  Rules  of  Practice  in  such  appeals.     No 
payment  shall  be  made  until  the  expiration  of  said  30  days,  unless 
the  right  of  appeal  shall  be  sooner  waived :  Provided,  however^  That 
the  unexplained  failure  of  a  pensioner  to  appear,  answer,  or  in  any 
way  plead  to  the  claimant's  application,  after  due  notice  thereof, 
shall  be  deemed  a  waiver  of  his  right  of  appeal  to  the  extent  that,  if 
the  claim  is  allowed,  final  orders  for  division  of  pension  shall  issue 
at  once. 

125.  Upon  the  filing  of  an  appeal,  in  accordance  with  the  rules  of 
the  department,  payment  shall  be  further  suspended,  pending  the 
decision  of  the  department  upon  the  appeal,  as  required  by  such  rule. 

126.  If  no  appeal  is  filed  within  30  days  from  the  date  of  mailing 
formal  notice  of  bureau  action  to  the  parties,  payment  shall  be  made 
in  all  cases  allowed,  and  suspension  of  payment  shall  be  removed 
in  all  cases  rejected,  and  the  full  amount  of  pension  restored  to  the 
pensioner  in  the  last-named  cases. 

127.  Any  and  all  payments  of  one-half  the  pension  to  any  of  the 
beneficiaries  named  in  the  first  three  provisos  of  said  act  of  March  3, 
1899,  shall  hereafter  be  made  by  and  through  the  disbursing  clerk, 
and,  in  future,  no  payment  shall  be  made  to  any  of  said  beneficiaries 
by  the  treasurer  of  a  National  Soldier's  Home,  except  one-half  of 
so  much  of  the  pensioner's  pension  as  shall  be  in  the  hands  of  the 
treasurer  of  said  home,  and  unexpended,  at  the  date  of  filing  the 
claim  under  said  act,  in  which  case  the  treasurer  shall  withhold  and 
disburse  upon  the  order  of  the  Commissioner  of  Pensions. 

128.  Applications  for  reconsideration  or  reopening  of  the  bureau 
action  in  cases  under  the  first,  second,  or  third  provisos  of  the  act 
of  March  3,  1899,  should  be  in  the  form  of  a  motion,  or  petition, 
stating  briefly,  but  specifically,  the  grounds  upon  which  the  appli- 
cation is  based,  and  which,  if  true,  would  warrant  a  modification  or 
reversal  of  the  bureau  action.     The  motion  should  be  accompanied 
by  evidence  sufficient,  if  true,  to  establish  the  grounds  for  reconsider- 
ation, or  reopening,  relied  upon  by  the  applicant,  and  by  due  proof  of 


76  LAWS   GOVERNING   ARMY   AND  NAVY   PENSIONS. 

service  of  copies  of  the  motion,  or  petition,  and  the  supporting  evi- 
dence upon  the  opposite  party  or  his  or  her  attorney. 

Proof  of  service  must  be  such  as  shall  satisfy  the  bureau  that  the 
opposite  party  has  been  informed  of  the  motion,  or  petition,  and  the 
supporting  evidence,  and  may  consist  of,  first,  a  written  acceptance 
of  service  by  the  opposite  party  or  his  or  her  attorney  of  record ; 
or  second,  a  postal  registry  return  receipt  card  signed  by  the  oppo- 
site party  or  attorney  of  record,  accompanied  by  an  affidavit  showing 
that  on  a  certain  date  copies  of  the  motion,  or  petition,  and  the  sup- 
porting evidence  were  mailed  in  a  registered  letter,  post  paid,  to  the 
opposite  party  or  the  attorney  of  record,  addressed  to  a  certain  post 
office  (naming  it),  and  that  the  card  was  returned  in  acknowledg- 
ment of  receipt  of  such  letter ;  or  third,  an  affidavit,  showing  that  on 
a  certain  date  and  at  a  certain  place  copies  of  the  motion,  or  petition, 
and  of  the  supporting  evidence  were  personally  delivered  to  the 
opposite  party  or  his  or  her  attorney  of  record. 

Applications  for  reconsideration,  or  reopening,  not  conforming  to 
the  foregoing  requirements,  or  showing  satisfactory  reason  why 
personal  service  can  not  be  made,  shall  not  be  considered  by  the 
bureau,  but  shall  be  promptly  returned  to  the  applicant  or  his  or  her 
attorney  of  record,  for  compliance  therewith. 

129.  (a)  Upon  the  filing  of  an  application  for  reconsideration  or 
reopening,  conforming  to  the  requirements  of  the  foregoing  rule, 
payment  of  the  one-half  pension  in  question  shall  be  suspended  pend- 
ing the  adjudication  of  such  application. 

RULES  OF  PRACTICE  IN  PENSION  AND  BOUNTY-LAND  APPEALS. 

DEPARTMENT  OF  THE  INTERIOR, 
Washington,  D.  C.,  January  11,  1915. 

(240)  RULE  I. — Except  as  herein  otherwise  provided,  an  appeal 
may  be  taken  to  the  Secretary  of  the  Interior  from  the  final  action 
or  order  of  the  Commissioner  of  Pensions  in  all  matters  relating  to 
pensions  or  bounty  land,  and  a  separate  appeal  must  be  filed  in  each 
claim. 

(241)  RULE  II. — Appeals  must  be  filed  with  the  Commissioner  of 
Pensions.    The  Commissioner  will  thereupon,  within  30  days  from 
the  filing  of  said  appeal,  consider  and  determine  whether  the  action 
or  order  from  which  the  appeal  is  taken  shall  be  adhered  to ;  and  if 
he  shall  determine  not  to  recede  therefrom,  he  shall,  within  said 
period  of  30  days,  forward  said  appeal,  together  with  the  record  in 
the  case  and  a  report  stating  his  reasons  for  the  action  or  order  com- 
plained of,  to  the  department;  and  said  appeal  shall  thereupon  be 
entered  upon  a  docket  kept  for  that  purpose.    Upon  the  perfection  of 
such  appeal,  by  transmission  and  docketing  aforesaid,  the  jurisdic- 
tion of  the  Commissioner  shall  cease  and  determine,  and  the  case  will 
be  decided  by  the  Secretary  on  the  record.    Copies  of  the  decision  of 
the  Secretary  shall  be  transmitted  with  said  record  to  the  Commis- 
sioner of  Pensions  for  action  in  accordance  therewith.    One  copy  oi' 
the  decision  shall  be  transmitted  by  the  Commissioner  to  the  appel- 
lant or  his  duly  accredited  attorney. 

(242)  RULE  "ill. —  (a)  Except  as  hereinafter  ordered  the  time  for 
filing  an  appeal  shall  be  one  year  from  the  date  of  notice  of  the  final 
action  or  order  of  which  complaint  is  made. 


LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS.  77 

(b)  In  simultaneous  contesting  claims,  where  one  is  admitted  and 
one  rejected,  the  time  allowed  for  the  filing  of  an  appeal  shall  be 
30  days  from  the  date  of  mailing  of  notice  of  the  bureau  action  to 
the  claimant  to  whom  the  action  is  adverse.    In  such  claims  the  Com- 
missioner of  Pensions  will  promptly  notify  all  parties  in  interest  of 
the  action  taken,  by  registered  letter,  inclosing  a  copy  of  this  rule 
and  expressly  inviting  attention  to  the  fact  that  an  appeal  will  not 
be  entertained  unless  filed  within  the  period  of  30  days  herein  pre- 
scribed. 

(c)  Upon  the  filing  of  an  appeal  all  parties  whose  interests  may 
be  adversely  affected  by  the  decision  shall  be  notified  by  registered 
letter  of  the  filing  of  the  appeal  and  of  the  substance  thereof  and 
allowed  30  days  from  the  date  of  the  mailing  of  such  notice  within 
which  to  file  brief  or  argument  in  answer  thereto  before  the  papers 
are  forwarded  to  this  department. 

The  return  of  a  registered  letter,  unclaimed,  containing  notice,  ad- 
dressed to  the  last  known  post-office  address,  shall  constitute  sufficient 
evidence  of  notice. 

(243)  RULE  IV. — In  each  appeal  the  name  and  service  of  the 
soldier  on  account  of  whose  service  the  claim  is  based  must  be  stated, 
together  with  the  number  of  claim,  the  law  under  which  the  claim  is 
prosecuted,  and  the  date  and  substance  of  the  action  from  which  the 
appeal  is  taken. 

(244)  RULE  V. — No  appeal  will  be  entertained  from  the  refusal  of 
the  Commissioner  of  Pensions  to  recognize  attorneys  or  agents  in 
prosecuting  claims  for  pensions  or  bounty  land  under  any  law  wherein 
the  payment  of  a  fee  for  such  service  is  prohibited. 

(245)  RULE  VI. — An  appeal  by  an  attorney  will  not  be  entertained 
unless  he  has  filed  a  duly  executed  power  of  attorney  for  this  pur- 
pose from  the  appellant  or  is  entitled  under  the  rules  to  recognition; 
and  no  appeal,  brief,  motion,  pleading,  or  other  paper  or  communi- 
cation relative  to  a  case  on  appeal,  filed  by  a  firm  of  attorneys  or 
agents,  shall  be  received  or  docketed  unless  the  same  be  signed  indi- 
vidually by  one  or  more  duly  qualified  members  of  such  firm. 

(246)  RULE  VII. — An  appeal  taken  on  behalf  of  a  claimant  by  or 
through  a  suspended  or  disbarred  attorney  will  not  be  entertained. 

(247)  RULE  VIII. — No  appeal  pertaining  to  the  allowance  of  a  fee 
when  the  refundment  has  been  called  for  will  be  entertained  unless 
refundment  as  required  shall  have  been  made. 

(248)  RULE  IX. — The  Commissioner  of  Pensions  shall  return  to 
the  appellant  any  appeal  not  in  conformity  with  the  provisions  of 
Rules  III  to  VIII,  inclusive,  stating  wherein  the  appeal  is  defective. 

(249)  RULE  X. — In  proceedings  before  the  Commissioner  in  which 
he  shall  decide  that  a  party  has  no  right  to  appeal  to  the  Secretary  or 
that  said  appeal  may  not  be  entertained  under  the  provisions  of  the 
foregoing  rules,  such  party  may  apply  to  the  Secretary  for  an  order 
directing  the  Commissioner  to  certify  such  action,  together  with  the 
record  in  the  case,  to  the  department,  and  such  application  shall  be 
in  writing,  under  oath,  and  shall  fully  and  specifically  set  forth  the 
grounds  upon  which  the  same  is  based.     If  upon  a  hearing  of  the 
application  the  Secretary  shall  grant  a  writ  of  certiorari  under  this 
rule,  the  jurisdiction  of  the  department  shall  be  ample  for  the  correc- 
tion of  any  error  appearing  in  the  record. 

(250)  RULE  XI. — Each  appeal  must  contain  specific  assignments 
of  the  alleged  mistake  of  fact  or  error  of  law  in  the  adjudication  of 


78  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

said  claim  by  the  Commissioner  of  Pensions,  and  any  appeal   in- 
sufficient in  this  respect  may  be  dismissed  by  the  Secretary. 

(251)  RULE  XII. —  (a)  A  motion  for  reconsideration  of  any  de- 
partmental decision  may  be  filed  with  and  entertained  by  the  Secre- 
tary, in  his  discretion,  if  filed  within  30  days  from  the  date  of  mail- 
ing a  copy  of  such  decision  to  the  last  known  post-office  address  of 
the  claimant  or  his  attorney  of  record.     It  must  be  shown  in  said 
motion  that  some  material  feature  of  the  case  has  not  been  considered 
in  said  decision  or  that  there  was  error  of  law  or  material  mistake 
of  fact. 

(b)  And  in  any  case  involving  conflicting  claims  of  two  or  more 
parties  wherein,  under  either  Rule  III  or  Rule  XIII,  the  right  of 
appeal  is  limited  to  30  days,  there  shall  be  a  stay  of  execution  of  the 
departmental  decision  until  the  expiration  of  the  period  within  which 
a  motion  for  reconsideration  may  be  filed,  unless  for  especial  cause 
mandate  forthwith  shall  issue. 

(252)  RULE  XIII. — Upon  the  adjudication  of  a  claim  for  division 
of  pension  under  the  act  of  March  3,  1899,  in  the  Bureau  of  Pensions 
both  parties  will  be  promptly  notified  by  the  bureau,  by  registered 
letter,  of  the  action  taken.     Each  party   will,  in  the   absence  of 
waiver,  be  allowed  30  days  from  the  mailing  of  said  notice  to  appeal 
from  said  action,  the  appeal  to  be  accompanied  by  due  proof  of 
service  of  a  copy  thereof  upon  the  appellee,  as  required  by  Rule  XIV. 
Unless  such  bureau  action  is  appealed  from  Avithin  30  days  from 
the  mailing  of  said  notice,  the  bureau  action  shall  be  deemed  to  be 
final. 

Provided,  The  unexplained  failure  of  a  pensioner  to  appear, 
answer,  or  in  any  way  plead  to  the  claimant's  application,  after  due 
notice  thereof  by  the  bureau,  will  be  deemed  a  waiver  of  his  right  to 
appeal  to  the  extent  that,  if  the  claim  be  allowed,  final  orders  for 
division  of  pension  may  issue  at  once. 

(253)  RULE  XIV. —  (a)  Appeals  from  bureau  action  in  cases  under 
the  first,  second,  and  third  provisos  of  the  act  of  March  3,  1899,  must 
be  accompanied  by  due  proof  of  service  of  a  copy  of  the  appeal 
upon  the  appellee  or  his  or  her  attorney  of  record. 

(&)  Proof  of  service  must  be  such  as  will  satisfy  the  Commissioner 
of  Pensions  that  the  appellee  has  been  informed  of  the  appeal  and 
the  contents  thereof,  and  may  consist  of,  first,  a  written  acceptance 
of  service  by  the  appellee  or  his  or  her  attorney  of  record;  or,  sec- 
ond, a  postal  registry  return  receipt  card,  signed  by  appellee  or 
attorney  of  record,  accompanied  by  an  affidavit  showing  that  on  a 
certain  date  a  copy  of  the  appeal  was  mailed  in  a  registered  letter, 
postpaid,  to  the  appellee  or  the  attorney  of  record,  addressed  to  the 
appellee  or  his  attorney  of  record  at  his  last  known  post  office 
(naming  it),  that  the  card  was  returned  in  acknowledgment  of  the 
receipt  of  such  letter;  or,  third,  an  affidavit  showing  that  on  a  cer- 
tain day  and  at  a  cetrain  place  a  copy  of  the  appeal  was  personally 
delivered  to  the  appellee  or  attorney  of  record. 

(c)  Appeals  in  this  class  of  cases  unaccompanied  by  due  proof 
of  service,  or  a  satisfactory  reason  why  personal  service  can  not  be 
made,  will  not  be  filed  or  considered,  but  will  be  promptly  returned 
to  the  appellant,  or  attorney  of  record,  for  compliance  with  this  rule. 
The  failure  to  comply  with  this  rule  shall  not  operate  to  enlarge  the 
time  within  which  appeal  may  be  taken. 


LAWS  GOVERNING   ARMY   AND   NAVY   PENSIONS.  79 

(254)  KULE  XV. — Appeals  from  bureau  action  in  cases  under  the 
first,  second,  and  third  provisos  of  the  act  of  March  3,  1899,  when 
accompanied  by  due  proof  of  service  of  a  copy  thereof  upon  the 
appellee,  will  be  filed,  and  the  parties  promptly  notified  thereof. 
The  appellee  will  be  allowed  30  days  from  the  date  of  filing  the 
appeal  in  which  to  file  answer,  brief,  or  argument  in  opposition  to  the 
appeal  or  in  support  of  the  action  from  which  the  appeal  is  taken. 
An  appeal  duly  filed  will  operate  to  continue  the  suspension  of  the 
one-half  pension  in  controversy. 

(255)  RULE  XVI. —  (a)  Appeals  from  the  bureau  action  in  cases 
under  the  first,  second,  or  third  provisos  of  the  act  of  March  3,  1899, 
must  be  confined  to  cases  under  that  act,  and  not  joined  with  an 
appeal  from  action  in  an  invalid  claim  or  claims  under  other  acts 
of  Congress.     When  perfected  by  due  proof  of  service  upon  the 
appellee,  as  required  by  Rule  XIV,  the  appeal  should  be  transmitted 
to  the  Commissioner  of  Pensions.     The  appeal  should  state  the  post- 
office  address  of  the  appellant  and  appellee,  and  the  certificate  num- 
ber and  the  service  (company  and  regiment,  fete.)  of  the  pensioner, 
and  should  briefly  but  specifically  state  the  error  of  law  or  mistake 
of  fact  complained  of  and  the  grounds  relied  upon  for  reversing  or 
modifying  the  action  appealed  from. 

(b)  No  additional  evidence  upon  the  merits  of  the  claim  filed  by 
either  appellant  or  appellee  will  be  considered  on  appeal. 

(256)  RULE  XVII.— Motions  for  review  of  departmental  decisions 
in  cases  for  division  of  pension  under  the  act  of  March  3,  1899,  will 
hereafter  be  governed  by  the  provisions  of  Rule  XII.     If  the  motion 
be  allowed,  the  opposing  party  will  be  notified  thereof  and  allowed 
30  days  in  which  to  file  answer,  brief,  or  argument. 

(257a)  RULE  XVIII. — All  cases  on  appeal  will  be  considered  and 
decided  in  regular  order,  according  to  their  places  upon  the  docket, 
unless,  for  cause  shown,  a  case  may  be  advanced  on  motion  for  earlier 
hearing  and  determination.  Every  such  motion  shall  set  forth  suc- 
cinctly the  grounds  upon  which  it  is  based,  and  must  be  supported 
by  the  affidavits  of  at  least  two  disinterested  parties  cognizant  of 
the  facts  upon  which  the  motion  is  based.  No  such  motion  will  be 
granted  except  in  cases  involving  points  of  pension  law  of  general 
application  affecting  other  claims,  unless  it  appears  that  the  appel- 
lant is  in  extreme  indigent  circumstances  or  is  ill  without  reasonable 
hope  of  recovery. 

(257b)  RuLE'XIX.— In  all  cases  appealed  to  the  Secretary  of  the 
Interior  a  copy  of  the  decision  shall  be  mailed  to  the  party  in  in- 
terest or  his  or  her  attorney  of  record,  and  the  mandate  of  the  same 
shall  be  carried  into  effect,  within  15  days  from  the  date  of  the  receipt 
of  the  decision  by  the  Commissioner  of  Pensions,  unless  the  decision 
shall  sooner  be  recalled  by  the  Secretary  of  the  Interior. 


The  above  rules  governing  the  practice  in  appealed  claims  before 
the  department  relating  to  pensions  and  bounty  lands  shall  become 
effective  on  and  after  the  date  hereof,  and  all  rules  and  orders 
heretofore  promulgated  inconsistent  with  the  foregoing  are  hereby 
abrogated. 

Bo  SWEENEY, 
Assistant  /Secretary. 


CHAPTER  VII. 


PHYSICAL  EXAMINATIONS. 

MEDICAL  REFEREE  AND   HIS  DUTIES. 
SECTION  4776,  REVISED  STATUTES. 

The  Secretary  of  the  Interior  is  authorized  to  appoint  a  duly 
qualified  surgeon  as  medical  referee,  who,  under  the  control  and 
direction  of  the  Commissioner  of  Pensions,  shall  have  charge  of  the 
examination  and  revision  of  the  reports  of  examining  surgeons,  and 
such  other  duties  touching  medical  and  surgical  questions  in  the 
Pension-Office,  as  the  interests  of  the  service  may  demand;  and 
his  salary  shall  be  two  thousand  five  hundred  dollars  per  annum. 
And  the  Secretary  of  the  Interior  is  further  authorized  to  appoint 
such  qualified  surgeons  (not  exceeding  four)  as  the  exigencies  of  the 
service  may  require,  who  may  perform  the  duties  of  examining  sur- 
geons when  so  required,  and  who  shall  be  borne  upon  the  rolls  as 
clerks  of  the  fourth  class;  but  such  appointments  shall  not  increase 
the  clerical  force  of  said  Bureau. 

APPOINTMENT    OF    CIVIL    EXAMINING    SURGEONS. 
SECTION  4777,  REVISED  STATUTES. 

The  Commissioner  of  Pensions  is  empowered  to  appoint,  at  his 
discretion,  civil  surgeons  to  make  the  periodical  examinations  of 
pensioners  which  are  or  may  be  required  by  law,  and  to  examine 
applicants  for  pension,  where  he  deems  an  examination  by  a  sur- 
geon appointed  by  him  necessary;  and  the  fee  for  such  examinations, 
and  the  requisite  certificates  thereof  in  duplicate,  including  postage 
on  such  as  are  transmitted  to  pension-agents,  shall  be  two  dollars, 
which  shall  be  paid  by  the  agent  for  paying  pensions  in  the  district 
within  which  the  pensioner  or  claimant  resides,  out  of  any  money 
appropriated  for  the  payment  of  pensions,  under  such  regulations  as 
the  Commissioner  of  Pensions  may  prescribe. 

SPECIAL  PHYSICAL  EXAMINATIONS. 
SECTION  4775,  REVISED  STATUTES. 

Examining  surgeons  duly  appointed  by  the  Commissioner  of  Pen- 
sions, and  such  other  qualified  surgeons  as  mav  be  employed  in  the 
Pension-Office,  may  be  required  by  him,  froni  time  to  time,  as  he 
deems  for  the  interest  of  the  Government,  to  make  special  exami- 
nations of  pensioners,  or  applicants  for  pension,  and  such  examina- 


LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS.  81 

tions  shall  have  precedence  over  previous  examinations,  whether 
special  or  biennial;  but  when  injustice  is  alleged  to  have  been  done 
by  an  examination  so  ordered,  the  Commissioner  of  Pensions  may,- 
at  his  discretion,  select  a  board  of  three  duly  appointed  examining 
surgeons,  who  shall  meet  at  a  place  to  be  designated  by  him,  and 
shall  review  such  cases  as  may  be  ordered  before  them  on  appeal 
from  any  special  examination,  and  the  decision  of  such  board  shall 
be  final  on  the  question  so  submitted  thereto,  provided  the  Commis- 
sioner approve  the  same.  The  compensation  of  each  of  such  sur- 
geons shall  be  three  dollars,  and  shall  be  paid  out  of  any  appropria- 
tions made  for  the  payment  of  pensions,  in  the  same  manner  as  the 
ordinary  fees  of  appointed  surgeons  are  or  may  be  authorized  to  be 
paid. 

BIENNIAL  EXAMINATIONS  ABOLISHED. 
ACT  JUNE  21,  1879   (21  STAT.  L.,  30). 

SEC.  3.  That  sections  forty-seven  hundred  and  seventy-one,  forty- 
seven  hundred  and  seventy-two,  and  forty-seven  hundred  and  seventy- 
three  of  the  Revised  Statutes  of  the  United  States,  providing  for  bien- 
nial examinations  of  pensioners,  are  hereby  repealed :  Provided^  That 
the  Commissioner  of  Pensions  shall  have  the  same  power  as  heretofore 
to  order  special  examinations,  whenever,  in  his  judgment,  the  same 
may  be  necessary,  and  to  increase  or  reduce  the  pension  according 
to  right  and  justice;  but  in  no  case  shall  a  pension  be  withdrawn  or 
reduced  except  upon  notice  to  the  pensioner  and  a  hearing  upon 
sworn  testimony,  except  as  to  the  certificate  of  the  examining  surgeon. 

BOARDS   OF   EXAMINING   SURGEONS. 
ACT  JULY  25,  1882   (22  STAT.  L.,  175). 

SEC.  4.  That  the  Commissioner  of  Pensions  is  hereby  authorized  to 
appoint  surgeons  who,  under  his  control  and  direction  shall  make  such 
examination  of  pensioners  and  claimants  for  pension  or  increased 
pension  as  he  shall  require ;  and  he  shall  organize  boards  of  surgeons, 
to  consist  of  three  members  each,  at  such  points  in  each  State  as  he 
shall  deem  necessary,  and  all  examinations,  so  far  as  practicable,  shall 
be  made  by  the  boards,  and  no  examination  shall  be  made  by  one 
surgeon  excepting  under  such  circumstances  as  make  it  impracticable 
for  a  claimant  to  present  himself  before  a  board :  Provided,  That  the 
Commissioner  may,  when  in  his  opinion  the  exigencies  of  the  service 
require  it,  organize  a  board  of  three  surgeons  who,  under  his  direc- 
tion, shall  review  the  work  of  any  regularly- appointed  board  or 
surgeon :  Provided  further,  That  all  examinations  shall  be  thorough 
and  searching,  and  the  certificate  contain  a  full  description  of  the 
physical  condition  of  the  claimant  at  the  time,  which  shall  include 
all  the  physical  and  rational  signs  and  a  statement  of  all  structural 
changes. 

The  fee  for  each  examination,  and  satisfactory  certificate  thereof, 
shall  be  two  dollars  to  each  member  when  made  by  a  board,  and  two 
dollars  when  made  by  one  surgeon :  Provided,  That  when  the  claim- 
ant is  so  disabled  as  not  to  be  able  to  present  himself  to  a  board  of 
surgeons  for  examination,  the  Commissioner  may  order  a  surgeon 
to  make  the  examination  at  the  claimant's  residence ;  and  the  fee  for 


82  LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS. 

such  examination  shall  be  two  dollars,  in  addition  to  the  payment 
of  the  actual  traveling  expenses  of  the  surgeon:  Provided  further, 
That  no  fee  shall  be  allowed  or  paid  to  any  member  of  such  board  of 
examining  surgeons  who  does  not  actually  participate  in  such  exami- 
nation and  sign  the  certificate  thereof. 

The  Commissioner  may,  when  in  his  judgment  the  degree  of  dis- 
ability cannot  be  determined  truthfully  or  satisfactorily  excepting 
by  expert  examination,  employ  an  expert,  not  a  regularly  appointed 
surgeon,  to  make  the  examination ;  and  the  fee  for  such  examination 
shall  be  five  dollars:  Provided,  That  the  fee  for  an  expert  examina- 
tion shall  not  be  paid  to  any  regularly-appointed  examining  surgeon. 

The  fee  for  the  examination  of  claimants  who  reside  out  of  the 
United  States  shall  not  exceed  ten  dollars,  which  shall  be  paid,  upon 
the  presentation  of  satisfactory  vouchers,  out  of  the  appropriation 
for  the  payment  of  the  examining  surgeons,  and  through  the  United 
States  consulate  nearest  to  the  claimant's  place  of  residence.1 

EXAMINING  SURGEONS'   REPORTS   OPEN   TO   INSPECTION. 
ACT  JULY  18,  1894  (28  STAT.  L.,  113). 

*  *     *     Provided,  That  the  report  of  such  examining  surgeons 
when  filed  in  the  Pension  Office  shall  be  open  to  the  examination  and 
inspection  of  the  claimant  or  his  attorney,  under  such  reasonable 
rules  and  regulations  as  the  Secretary  of  the  Interior  may  provide. 

FEES  OF  EXAMINING   SURGEONS. 
ACT  MAY  28,  1908  (35  STAT.  L.,  419.) 

*  *     *     And  hereafter  each  member  of  each  examining  board 
shall  receive  the  sum  of  three  dollars  for  the  examination  of  each 
applicant  whenever  five  or  a  less  number  shall  be  examined  on  any 
one  day  and  one  dollar  for  the  examination  of  each  additional  appli- 
cant on  such  day :  Provided,  That  if  twenty  or  more  applicants  ap- 
pear on 'one  day  no  fewer  than  twenty  shall,  if  practicable,  be  ex- 
amined on  said  day,  and  that  if  fewer  examinations  be  then  made, 
twenty  or  more  having  appeared,  then  there  shall  be  paid  for  the  first 
examinations  made  on  the  next  examination  day  the  fee  of  one 
dollar  only  until  twenty  examinations  shall  have  been  made,  and  the 
fee  shall  be  three  dollars  when  the  examination  is  made  by  one 
surgeon,  and  the  fee  for  each  examination  at  the  claimant's  residence 
provided  his  residence  is  outside  of  Ihe  corporate  limits  of  the  place 
of  the  regular  meeting  of  the  examining  board  or  of  the  place  of  resi- 
dence of  the  surgeon,  making  the  examination  shall  be  five  dollars 
in  addition  to  the  payment  of  the  actual  traveling  expenses  of  the 
surgeon :  Provided  further,  That  no  fee  shall  be  paid  to  any  member 
of  an  examining  board  unless  personally  present  and  assisting  in  the 
examination  of  applicant:  And  provided  further,  That  the  report 
of  such  examining  surgeons  shall  specifically  state  the  rating  which 
in  their  judgment  the  applicant  is  entitled  to,  and  the  report  of  such 
examining  surgeons  shall  specifically  and  accurately  set  forth  the 
physical  condition  of  the  applicant,  each  and  every  existing  disabil- 
ity being  fully  and  carefully  described.     *     *     * 

»  Supersedes  sec.  4774,  R.  S. 


CHAPTER 


PAYMENT  OF  PENSIONS.4 

DISBURSING   CLERK   AND    PAYMENT    OF   PENSIONS. 
ACT  AUGUST  17,  1912  (37  STAT.  L.,  312). 

SECTION  1.  *  *  *  For  salary  of  one  disbursing  clerk  for  the 
payment  of  pensions,  to  be  selected  and  appointed  by  the  Secretary 
of  the  Interior,  at  the  rate  of  four  thousand  dollars  per  annum,  dur- 
ing the  last  five  months  of  the  fiscal  year  nineteen  hundred  and  thir- 
teen,2 one  thousand  six  hundred  and  sixty-six  dollars  and  sixty-seven 
cents;  and  from  and  after  the  thirty-first  day  of  January,  nineteen 
hundred  and  thirteen,  there  shall  be  one  disbursing  clerk  in  the  Bu- 
reau of  Pensions  to  be  appointed  as  aforesaid  and  who  shall  receive 
a  salary  at  the  rate  of  four  thousand  dollars  per  annum ;  and  section 
forty-seven  hundred  and  seventy-eight  of  the  Revised  Statutes  of 
the  United  States  authorizing  the  appointment  of  agents  for  the  pay- 
ment of  pensions,  and  section  forty-seven  hundred  and  eighty  of  the 
Revised  Statutes  of  the  United^  States,  authorizing  the  establishment 
of  agencies  by  the  President  of  the  United  States  are  hereby  repealed 
to  take  effect  from  and  after  the  thirty-first  day  of  January,  nineteen 
hundred  and  thirteen,  and  the  existing  pension  agencies  are  abolished 
from  and  after  said  date. 

******* 

SEC.  2.  That  the  Secretary  of  the  Interior  is  authorized  in  the 
payment  of  pensions  to  arrange  the  pensioners  in  three  groups  as  he 
may  think  proper,  and  may  from  time  to  time  change  any  pensioner 
or  class  of  pensioners  from  one  group  to  another  as  he  may  deem 
convenient  for  the  transaction  of  the  public  business. 

The  pensioners  in  the  first  group  shall  be  paid  their  quarterly 
pensions  on  January  fourth,  April  fourth,  July  fourth,  and  October 
fourth  of  each  year;  the  pensioners  in  the  second  group  shall  be 
paid  their  quarterly  pensions  on  February  fourth,  May  fourth, 
August  fourth,  and  November  fourth  of  each  year;  the  pensioners 
in  the  third  group  shall  be  paid  their  quarterly  pensions  on  March 
fourth,  June  fourth,  September  fourth,  and  December  fourth  of 
each  year. 

The  Secretary  of  the  Interior  is  authorized  to  cause  payments  of 
pension  to  be  made  for  the  fractional  parts  of  a  quarter  which  may 
be  made  necessary  by  the  transfer  of  a  pensioner  from  one  group  to 
another. 

SEC.  3.  That  not  later  than  January  first,  nineteen  hundred  and 
thirteen,  pensions  shall  be  paid  by  checks  drawn,  under  the  direction 

.  i  Whenever  reference  is  made  to  agents  for  the  payment  of  pensions,  it  should  be  con- 
sidered as  being  modified  by  the  act  of  Aug.  17.  1912  (37  Stat.  L.,  311),  which  abolished 
pension  agencies  and  established  a  new  method  for  the  payment  of  pensions. 

-By  act  Mar.  4,  1913  (37,  Stat.  L.,  774),  a  Deputy  Disbursing  Clerk,  who  shall  act  as 
Chief  Clerk,  was  provided  for. 

83 


84  LAWS   GOVERNING   ARMY    AND   NAVY   PENSIONS. 

of  the  Secretary  of  the  Interior,  in  such  form  as  to  protect  the  United 
States  against  loss,  without  separate  vouchers  or  receipts,  and  payable 
by  the  proper  assistant  treasurer  or  designated  depositary,  except  in 
the  case  of  any  pensioner  in  which  the  law  authorizes  the  pension  to 
be  paid  to  some  person  other  than  the  pensioner,  or  in  which  the 
Secretary  of  the  Interior  may  consider  a  voucher  necessary  for  the 
protection  of  the  Government.  Such  checks  shall  be  transmitted  by 
mail  to  the  payee  thereof  at  his  last  known  address. 

That  postmasters,  delivery  clerks,  letter  carriers,  and  all  other 
postal  employees  are  prohibited  from  delivering  any  such  mail  to  any 
person  whomsoever,  if  the  addressee  has  died  or  removed,  or  in  the 
case  of  a  widow  believed  by  the  postal  employee  intrusted  with  the 
delivery  of  such  mail  to  have  remarried;  and  the  postmaster  in  every 
such  case  shall  forthwith  return  such  mail  with  a  statement  of  the 
reasons  for  so  doing,  and  if  because  of  death  or  remarriage,  the  date 
thereof,  if  known.  Checks  returned  as  herein  provided  on  account 
of  the  death  or  remarriage  of  the  pensioner  shall  be  canceled.1 

SEC.  5.  That  in  case  of  sickness  or  unavoidable  absence  of  the  dis- 
bursing clerk  for  the  payment  of  pensions  from  his  office,  the  Com- 
missioner of  Pensions  may,  with  the  approval  of  the  Secretary  of  the 
Interior,  authorize  the  chief  clerk  of  his  office  or  some  other  clerk 
employed  therein  to  temporarily  act  as  such  disbursing  clerk  for 
payment  of  pensions. 

With  the  approval  of  the  Commissioner  of  Pensions  and  the  Secre- 
tary of  the  Interior,  the  disbursing  „ clerk  for  the  payment  of  pen- 
sions may  designate  and  authorize  the  necessary  number  of  clerks 
to  sign  the  name  of  the  disbursing  clerk  for  the  payment  of  pensions 
to  official  checks. 

The  disbursing  clerk  shall  give  bond  with  good  and  sufficient  surety 
for  such  amount  and  in  such  form  as  the  Secretary  of  the  Interior 
may  approve,  and  such  bond  shall  be  held  to  cover  and  apply  to  the 
acts  of  the  persons  authorized  to  act  in  his  place. 

SEC.  6.  That  nothing  in  this  Act  shall  be  construed  as  amending 
or  repealing  that  portion  of  the  sundry  civil  appropriation  Act  for 
the  fiscal  year  eighteen  hundred  and  eighty-three  (Statutes  at  Large, 
volume  twenty-two,  page  three  hundred  and  twenty-two)  concerning 
the  payment  of  pensions  due  inmates  of  the  National  Home  for  Dis- 
abled Volunteer  Soldiers. 

PREPARATION   OF  QUARTERLY   VOUCHERS. 
SEC.  4764,  REVISED  STATUTES. 

Within  fifteen  days  immediately  preceding  the  fourth  day  of 
March,  June,  September,  and  December  in  each  year,  the  several 
agents  for  the  payment  of  pensions  shall  prepare  a  quarterly  voucher 
for  every  person  whose  pension  is  payable  at  his  agency,  and  transmit 
the  same  by  mail,  directed  to  the  address  of  the  pensioner  named  in 
such  voucher,  who,  on  or  after  the  fourth  day  of  March,  June.  Sep- 
tember, and  December  next  succeeding  the  date  of  such  voucher,  may 
execute  and  return  the  same  to  the  agency  at  which  it  was  prepared, 
and  at  which  the  pension  of  such  person  is  due  and  payable.2 

1  Sec.  4  relates  to  forgery  of  endorsement  on  pension  check,  etc.     (See  p.  128.) 

2  Amended  by  act  Mar.  3,  1891   (26  Stat.  L.,  1082),  as  to* dates  of  payment.     Said  act 
superseded  by  act  Aug.  IT,  1912  (37  Stat.  L.,  313),     (See  p.  83.) 


LAWS  GOVERNING   ARMY   AND   NAVY   PENSIONS.  85 

BLANK  VOUCHERS. 
SEC.  4767,  REVISED  STATUTES. 

The  Secretary  of  the  Interior  shall  cause  suitable  blanks  for  the 
vouchers  mentioned  in  section  forty-seven  hundred  and  sixty-four  to 
be  printed  and  distributed  to  the  agents  for  the  payment  of  pensions, 
upon  which  he  shall  cause  a  note  to  be  printed  informing  pensioners 
of  the  fact  that  hereafter  no  pensions  will  be  paid  except  upon  the 
vouchers  issued  as  herein  directed.1 

OATHS  TO  PENSION  VOUCHERS. 
ACT  MARCH  1,  1889    (25  STAT.  L.,  782). 

*  *  *  And  provided  further,  That  hereafter  all  United  States 
officers  now  authorized  to  administer  oaths  are  hereby  required  and 
directed  to  administer  any  and  all  oaths  required  to  be  made  by  pen- 
sioners and  their  witnesses  in  the  execution  of  their  vouchers  for  their 
pensions  free  of  charge. 

OATHS   BEFORE   FOURTH-CLASS   POSTMASTERS. 
ACT  AUGUST  23,  1894   (28  STAT.  L.,  499). 

That  hereafter,  in  addition  to  the  officers  now  authorized  to  admin- 
ister oaths  in  such  cases,  fourth-class  postmasters  of  the  United 
States  are  hereby  required,  empowered,  and  authorized  to  administer 
any  and  all  oaths  required  to  be  made  by  pensioners  and  their  wit- 
nesses in  the  execution  of  their  vouchers  with  like  effect  and  force  as 
officers  having  a  seal ;  and  such  postmaster  shall  affix  the  stamp  of  his 
office  to  his  signature  to  such  vouchers,  and  he  is  authorized  to  charge 
and  receive  for  each  voucher  not  exceeding  twenty-five  cents,  to  be 
paid  by  the  pensioner. 

OATHS   BEFORE   RURAL-DELIVERY   CARRIERS. 

ACT  JUNE  25,  1910  (36  STAT.  L.,  843). 

SEC.  2.  That  hereafter,  in  addition  to  the  officers  now  authorized 
to  administer  oaths  in  such  cases,  rural  free  delivery  carriers  of  the 
United  States  are  hereby  required,  empowered,  and  authorized  to 
administer  any  and  all  oaths  required  to  be  made  by  pensioners  and 
their  witnesses  in  the  execution  of  their  vouchers,  with  like  effect 
and  force  as  officers  having  a  seal,  and  they  are  authorized  to  charge 
and  receive  for  each  voucher  not  exceeding  twenty-five  cents,  to  be 
paid  by  pensioner. 

FRANKED  ENVELOPES  FOR  PENSION  VOUCHERS, 
ACT  MARCH  4,  1909  (35  STAT.  L.,  1058). 

That  the  Secretary  of  the  Interior  shall  hereafter  furnish  free  to 
all  pensioners  franked  or  penalty  envelopes,  properly  addressed,  to  be 
used  by  said  pensioners  only  for  the  return  of  their  pension  vouchers. 

»  Modified  by  act  Aug.  17,  1912  (37  Stat.  L.,  313V   (See  p.  83.) 


86  LAWS   GOVERNING   ARMY   AND  NAVY   PENSIONS. 

TRANSMISSION  OF  PENSION  CHECKS. 
SECTION  4765,  REVISED  STATUTES. 

Upon  the  receipt  of  such  voucher,  properly  executed,  and  the  iden- 
tity of  the  pensioner  being  established  and  proved  in  the  manner  pre- 
scribed by  the  Secretary  of  the  Interior,  the  agent  for  the  payment 
of  pensions  shall  immediately  draw  his  check  on  the  proper  assistant 
treasurer  or  designated  depositary  of  the  United  States  for  the 
amount  due  such  pensioner,  payable  to  his  order,  and  transmit  the 
same  by  mail,  directed  to  the  address  of  the  pensioner  entitled  thereto ; 
but  any  pensioner  may  be  required,  if  thought  proper  by  the  Com- 
missioner of  Pensions,  to  appear  personally  and  receive  his  pension. 

NOTE. 

See  sections  3646  and  3647,  Revised  Statutes,  as  *i  mended  by  act 
February  23,  1909  (35  Stat.  L.,  643),  relative  to  issue  of  duplicate 
checks.  - 

PAYMENT   TO   PENSIONER,   OR  TO  WIFE   OR   GUARDIAN   IN   CERTAIN   CASES. 

ACT  AUGUST  8,  1882.     AMENDING  SECTION  4766,  REVISED  STATUTES 

(22  STAT.  L.,  373). 

"  SEC.  4766.  Hereafter  no  pension  shall  be  paid  to  any  person 
other  than  the  pensioner  entitled  thereto,  nor  otherwise  than  accord- 
ing to  the  provisions  of  this  title;  and  no  warrant,  power  of  attorney, 
or  other  paper  executed  or  purporting  to  be  executed  by  any  pen- 
sioner to  any  attorney,  claim  agent,  broker,  or  other  persons  shall  be 
recognized  by  any  agent  for  the  payment  of  pensions,  nor  shall  any 
pension  be  paid  thereon ;  but  the  payment  to  persons  laboring  under 
legal  disabilities  may  be  made  to  the  guardians  of  such  persons  in 
the  manner  herein  prescribed,  and  pensions  payable  to  persons  in 
foreign  countries  may  be  made  according  to  the  provisions  of  exist- 
ing laws :  Provided,  That  in  case  of  an  insane  invalid  pensioner  hav- 
ing no  guardian,  but  having  a  wife  or  children  dependent  upon  him 
(the  wife  being  a  woman  of  good  character),  the  Commissioner  of 
Pensions  is  hereby  authorized,  in  his  discretion,  to  cause  the  pension 
to  be  paid  to  the  wife,  upon  her  properly-executed  voucher,  or  in 
case  there  is  no  wife,  to  the  guardian  of  the  children,  upon  the 
properly-executed  voucher  of  such  guardian,  and  in  like  manner  to 
cause  the  pension  of  invalid  pensioners  who  are  or  may  hereafter  be 
imprisoned  as  punishment  for  offenses  against  the  laws  to  be  paid 
while  so  imprisoned  to  their  wives  or  the  guardians  of  their  chil- 
dren. And  pensions  to  Indian  pensioners  residing  in  the  Indian 
Territory  may  be  paid  in  person  by  the  pension  agent,  upon  a  suit- 
able voucher,  at  some  convenient  point  in  said  Territory,  which, 
together  with  the  form  and  manner  of  identification  of  the  pen- 
sioners, may  be  prescribed  by  the  Secretary  of  the  Interior;  such 
payments  to  be  made  in  standard  silver,  at  least  once  in  each  current 
year.  And  payments  in  person  shall  be  made  to  the  pensioner,  in 
cash,  by  the  pension  agent  whenever  in  the  discretion  of  the  Com- 
missioner of  Pensions  such  personal  payment  shall  be  by  him  deemed 
necessary  or  proper  to  secure  to  the  pensioner  his  rights;  and  the 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  87 

necessary  and  actual  expenses  of  such  pension  agent  in  making  such 
payments  shall  be  paid  by  the  Secretary  of  the  Interior  upon 
properly-executed  vouchers,  out  of  the  contingent  fund  appropriated 
for  the  use  of  the  Pension  Office.  The  commissioner  may,  when  in 
his  judgment  it  shall  be  deemed  necessary  or  proper,  visit  in  person, 
for  the  purpose  of  examination  and  inspection,  or  may  send  any  one 
or  more  of  the  officers  of  his  bureau  for  that  purpose,  any  of  the 
pension  agencies 1  or  medical  examining  boards  or  surgeons ;  and  the 
necessary  and  actual  expenses  of  such  visits  shall  be  paid  by  the 
Secretary  of  the  Interior  upon  properly  executed  vouchers,  out  of 
the  contingent  fund  of  said  bureau." 

HALF  PENSION  TO  WIVES  OR   CHILDREN. 
ACT  MARCH  3,  1899  (30  STAT.  L.,  1379). 

That  section  forty-seven  hundred  and  seventy-six  (4766),  Title 
fifty- seven,  of  the  Revised  Statutes  of  the  United  States  be,  and  the 
same  is  hereby,  amended  by  adding  thereto  the  following  additional 
provisions  and  provisos,  to  wit:  Provided  further,  That  in  case  a 
resident  pensioner  of  the  United  States  shall  for  a  period  of  over 
six  months  desert  his  lawful  wife,  she  being  a  woman  of  good  moral 
character  and  in  necessitous  circumstances,  or  if  he  have  no  lawful 
wife,  shall  desert  his  legitimate  minor  child  or  children  under  six- 
teen years  of  age,  or  his  permanently  helpless  and  dependent  child, 
the  Commissioner  of  Pensions  is  hereby  directed,  upon  being  satisfied 
by  competent  evidence  of  such  desertion,  to  cause  one-half  of  the 
pension  due  or  to  become  due  said  pensioner  during  the  continuance 
of  such  desertion  to  be  paid  to  the  wife,  or  in  case  there  is  no  wife, 
to  the  legal  guardian  of  the  child  or  children:  Provided  further, 
That  when  a  soldier  or  sailor  enters  into  a  State  home  for  soldiers 
or  sailors  as  an  inmate  thereof,  one-half  of  his  pension  accruing  dur- 
ing his  residence  therein  shall  be  paid  to  his  wife,  she  being  a  woman 
of  good  moral  character  and  in  necessitous  circumstances,  or  if  there 
be  no  wife,  then  to  his  child  or  children  under  sixteen  years  of  age> 
or  his  permanently  helpless  and  dependent  child,  if  any,  unless  such 
wife  and  children  shall  also  be  inmates  of  the  same  institution  or  of 
some  home  provided  for  the  wives  and  children  of  soldiers  and 
sailors:  Provided  further,  That  if  any  such  pensioner  is  or  shall 
become  an  inmate  of  a  National  Soldiers'  Home  one-half  of  the 
pension  drawn  in  his  behalf  or  to  which  he  may  become  entitled 
during  his  residence  therein  shall  be  paid  by  the  treasurer  of  that 
institution  to  such  pensioner's  wife,  she  being  in  necessitous  circum- 
stances and  a  woman  of  good  moral  character,  or,  if  there  be  no  wife, 
to  the  legal  guardian  of  the  minor  child  or  children,  or  the  perma- 
nently dependent  and  helpless  child  or  children  of  such  pensioner, 
on  the  order  of  the  Commissioner  of  Pensions :  * 

In  all  cases  the  questions  of  desertion,  entrance  into  a  home, 
necessitous  circumstances,  and  of  good  moral  character  shall  be 
ascertained  and  determined  by  the  Commissioner  of  Pensions  under 
such  rules  and  regulations  as  he  shall  prescribe,  and  the  treasurers 
or  governors  of  the  several  soldiers'  and  sailors'  homes  shall  be  ad- 
vised of  such  action  from  time  to  time. 

1  Abolished  by  act  Aug.  17,  1932  (37  Stat.  L.,  312).     (See  p.  83.) 
70942°— 17- 7 


88  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

NO  FOREIGN  PENSION  PAID  ON  POWER  OF  ATTORNEY. 
ACT  MARCH  14,  1898  (30  STAT.  L.,  276). 

*  *     *    Provided  further,  That  hereafter  no  pensions  shall  be 
paid  upon  power  of  attorney  from  pensioners  residing  in  foreign 
countries. 

PROVISION    AGAINST    PAYMENT    TO    CERTAIN    NONRESIDENTS    REPEALED. 
ACT  MARCH  2,  1895  (28  STAT.  L.,  703). 

*  *     *     And  provided  further,  That  so  much  of  the  fourth  pro- 
viso of  an  Act  entitled  "An  Act  making  appropriations  for  the  pay- 
ment of  invalid  and  other  pensions  of  the  United  States  for  the  fiscal 
year  ending  June  thirtieth,  eighteen  hundred  and  ninetj^-four,  and 
for  other  purposes,"  approved  March  first,  eighteen  hundred  and 
ninety-three,  which  reads  as  follows:  "That  from  and  after  July 
first,  eighteen  hundred  and  ninety-three,  no  pension  shall  be  paid  to 
a  nonresident  who  is  not  a  citizen  of  the  United  States,  except  for 
actual  disabilities  incurred  in  the  service,"  be  and  the  same  is  hereby 
repealed. 

PENSIONERS  IN  SOLDIERS'   HOME,  WASHINGTON,   D.   C. 
ACT  MARCH  3,  1883  (22  STAT.  L.,  564). 

SEC.  4.  That  any  inmate  of  the  Home *  who  is  receiving  a  pension 
from  the  Government,  and  who  has  a  child,  wife,  or  parent  living, 
shall  be  entitled,  by  filing  with  the  pension  agent  from  whom  he 
receives  his  money  a  written  direction  to  that  effect,  to  have  his  pen- 
sion, or  any  part  of  it,  paid  to  such  child,  wife,  or  parent.  The  pen- 
sions of  all  who  now  are  or  shall  hereafter  become  inmates  of  the 
Home,  except  such  as  shall  be  assigned  as  aforesaid,  shall  be  paid  to 
the  treasurer  of  the  Home.  The  money  thus  derived  shall  not  become 
a  part  of  the  funds  of  the  Home,  but  shall  be  held  by  the  treasurer 
in  trust  for  the  pensioner  to  whom  it  would  otherwise  have  been  paid, 
and  such  part  of  it  as  shall  not  sooner  have  been  paid  to  him  shall  be 
paid  to  him  on  his  discharge  from  the  institution.  The  board  of  com- 
missioners may  from  time  to  time  pay  over  to  any  inmate  such  part 
of  his  pension-money  as  they  think  best  for  his  interest  and  consis- 
tent with  the  discipline  and  good  order  of  the  Home,  but  such  pen- 
sioner shall  not  be  entitled  to  demand  or  have  the  same  so  long  as  he 
remains  an  inmate  of  the  Home.  In  case  of  the  death  of  any  pen- 
sioner, any  pension  money  due  him  and  remaining  in  the  hands  of  the 
treasurer  shall  be  paid  to  his  legal  heirs,  if  demand  is  made  within 
three  years;  otherwise  the  same  shall  escheat  to  the  Home. 

1  The  Soldiers'  Home  at  Washington,  D.  C.,  was  established  by  the  act  of  March  3,  1851. 
Under  sec.  4821,  R.  S.,  the  following  persons  are  entitled  to  admission:  First,  every 
soldier  of  the  United  States  who  served  or  may  serve  honestly  and  faithfully  20  years 
in  the  same.  Second,  every  soldier  and  every  discharged  soldier,  whether  Regular  or 
Voluiiteer,  who  has  suffered  or  may  suffer  by  reason  of  disease  or  wounds  incurred  in  the 
service  and  in  the  line  of  his  duty,  rendering  him  incapable  of  further  military  service, 
if  such  disability  was  not  occasioned  by  his  own  misconduct.  Third,  the  invalid  and  dis- 
abled soldiers,  whether  Regular  or  Volunteer,  of  the  War  of  1812  and  of  all  subsequent 
wars. 

Applications  for  admission  may  be  obtained  from  the  Board  of  Managers  of  the  Soldiers' 
Home,  Washington,  D.  C. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  89 

PENSIONERS  IN  NAVAL  HOME  AT  PHILADELPHIA  OR  A  NAVAL  HOSPITAL. 
ACT  MAY  4,  1898  (30  STAT.  L.,  377). 

And  whenever  any  officer,  seaman,  or  marine  entitled  to  a  pension 
is  admitted  to  the  Naval  Home  at  Philadelphia1  or  to  a  naval  hos- 
pital, his  pension,  while  he  remains  there,  shall  be  deducted  from  his 
accounts  and  paid  to  the  Secretar}'  of  the  Navy  for  the  benefit  of  the 
fund  from  which  such  home  or  hospital,  respectively,  is  maintained ; 
and  section  forty-eight  hundred  and  thirteen  of  the  Revised  Statutes 
of  the  United  States  is  hereby  amended  accordingly. 

PENSIONS   OF  INMATES   OF  NATIONAL  SOLDIERS'   HOME. 
ACT  FEBRUARY  26,  1881    (21  STAT.  L.,  350 ).2 

SEC.  2.  All  pensions  payable  or  to  be  paid  under  this  act,  to  pen- 
sioners who  are  inmates  of  the  National  Home  for  Disabled  Vol- 
unteer Soldiers3  shall  be  paid  to  the  treasurer  or  treasurers  of  said 
home,  upon  security  given  to  the  satisfaction  of  the  managers  to  be 
disbursed  for  the  benefit  of  the  pensioners  without  deduction  for  fines 
or  penalties  under  regulations  to  be  established  by  the  managers  of 
the  home,  said  payment  to  be  made  by  the  pension  agent  upon  a 
certificate  of  the  proper  officer  of  the  home  that  the  pensioner  is  an 
inmate  thereof  and  is  still  living.  Any  balance  of  the  pension  which 
may  remain  at  the  date  of  the  pensioner's  discharge  shall  be  paid 
over  to  him,  and  in  case  of  his  death  at  the  home  the  same  shall  be 
paid  to  the  widow,  or  children  or  in  default  of  either  to  his  legal  rep- 
resentatives. 

PENSIONS  PAYABLE  TO  TREASURER  OF  NATIONAL  HOME  FOR  DISABLED  VOLUN- 
TEER SOLDIERS. 

ACT  AUGUST  7,  1882    (22  STAT.  L.,  322). 2 

That  all  pensions  and  arrears  of  pensions  payable  or  to  be  paid  to 
pensioners  who  are  or  may  become  inmates  of  the  National  Home  for 
Disabled  Volunteer  Soldiers  shall  be  paid  to  the  treasurers  of  said 
home,  to  be  applied  by  such  treasurers  as  provided  by  law,  under  the 
rules  and  regulations  of  said  home.  Said  payments  shall  be  made 
by  the  pension  agent  upon  a  certificate  of  the  proper  officer  of  the 
home  that  the  pensioner  is  an  inmate  thereof  on  the  day  to  which 
said  pension  is  drawn.  The  treasurers  of  said  home,  respectively, 
shall  give  security,  to  the  satisfaction  of  the  managers  of  said  home, 
for  the  payment  and  application  by  them  of  all  arrears  of  pension 
}«nd  pension-moneys  they  may  receive  under  the  aforesaid  provision. 

1  The  Naval  Home  at  Philadelphia,  Pa.,  was  instituted  under  the  provisions  of  sec.  4810, 
R.  S.,  and  qualifications  for  admission  thereto  may  be  obtained  from  the  Secretary  of  the 
Navy,  Washington,  1).  C. 

2  For  amendment,  see  page  154. 

3  Admission  to  the  National  Home  for  Disabled  Volunteer  Soldiers  is  governed  by  the 
provisions  of  sec.  4832  and  amendatory  acts  (act  May  16,  1900  ;  act  Jan.  28,  1901 ;  act 
May  27,  1908  ;  act  Mar.  4,  1909)   and  is  limited  to  all  honorably  discharged  soldiers  and 
sailors  who  served  in  the  Regular  or  Volunteer  forces  of  the  United  States  in  any  war, 
the  provisional  army  authorized  by  the  act  of  Mar.   2,   1899,   in   any   of  the   campaigns 
against  hostile  Indians  or  who  have  served  in  the  Philippines,  in  China,  or  in   Alaska 
who  are  disabled  by  disease,  wounds,  or  otherwise  and  who  have  no  adequate  means  of 
support,  are  not  otherwise  provided  for  by  law,  and  by  reason  of  such  disability  are  in- 
capable of  earning  a  living.     Applications  for  admission  may  be  obtained  from  the  Board 
of  Managers,  National  Home  for  Disabled  Volunteer  Soldiers,  Commerce  Building,  Kansas. 
City,  Mo.,  or  from  the  governor  of  the  nearest  branch  home. 


90  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

And  section  two  of  the  act  entitled  "  An  act  making  appropriations 
for  the  payment  of  invalid  and  other  pensions  of  the  United  States 
for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  eighty- 
two,  and  for  deficiencies,  and  for  other  purposes,"  approved  February 
twenty-sixth,  eighteen  hundred  and  eighty-one,  is  hereby  revived 
and  continued  in  force. 

NO   PAYMENT   TO   TREASURERS   OF   STATE   HOMES. 
ACT  MAY  28,  1908    (35  STAT.  L.,  419). 

That  from  and  after  the  passage  of  this  Act  all  pensioners  who 
may  be  inmates  of  any  soldiers'  and  sailors'  home,  or  other  institution 
maintained  by  any  State  for  the  benefit  of  dependent  or  other  dis- 
abled volunteer  soldiers,  shall  have  their  respective  pensions  paid 
to  them  directly  instead  of  to  the  treasurer  or  other  officer  of  the 
home  or  institution  at  which  they  may  be  respectively  located. 

PENSION    OF    INMATES    OF    GOVERNMENT    HOSPITAL    FOR    THE    INSANE. 
ACT  FEBRUARY  20,  1905    (33  STAT.  L.,  731). 

That  the  proviso  in  the  Act  approved  August  seventh,  eighteen 
hundred  and  eighty-two,  appearing  on  page  three  hundred  and 
thirty  of  the  Twenty-second  Statutes  at  Large,  and  relating  to  pen- 
sions of  inmates  of  the  Government  Hospital  for  the  Insane,  is 
hereby  stricken  out  and  the  following  inserted : 

"  Provided,  That  in  addition  to  the  persons  now  entitled  to  admis- 
sion to  said  hospital,  any  inmate  of  the  National  Home  for  Disabled 
Volunteer  Soldiers  who  is  now  or  may  hereafter  become  insane  shall, 
upon  an  order  of  the  president  of  the  Board  of  Managers  of  the  said 
National  Home,  be  admitted  to  said  hospital  and  treated  therein. 
During  the  time  that  any  pensioner  shall  be  an  inmate  of  the  Gov- 
ernment Hospital  for  the  Insane  all  money  due  or  becoming  due  upon 
his  or  her  pension  shall  be  paid  by  the  pension  agent  to  the  superin- 
tendent of  the  hospital,  upon  a  certificate  by  such  superintendent 
that  the  pensioner  is  an  inmate  of  the  hospital  and  is  living,  and 
such  pension  money  shall  be  by  said  superintendent  disbursed  and 
used,  under  regulations  to  be  prescribed  by  the  Secretary  of  the 
Interior,  for  the  benefit  of  the  pensioner,  and,  in  the  case  of  a  male 
pensioner,  his  wife,  minor  children,  and  dependent  parents,  or,  if 
a  female  pensioner,  her  minor  children,  if  any,  in  the  order  named, 
and  to  pay  his  or  her  board  and  maintenance  in  the  hospital;  the 
remainder  of  such  pension  money,  if  any,  to  be  placed  to  the  credit 
of  the  pensioner  and  to  be  paid  to  the  pensioner  or  the  guardian  of 
the  pensioner  in  the  event  of  his  or  her  discharge  from  the  hospital ; 
or,  in  the  event  of  the  death  of  said  pensioner  while  an  inmate  of 
said  hospital,  shall,  if  a  female  pensioner,  be  paid  to  her  minor  chil- 
dren, and,  in  the  case  of  a  male  pensioner,  be  paid  to  his  wife,  if 
living;  if  no  wife  survives  him,  then  to  his  minor  children;  and  in 
case  there  is  no  wife  nor  minor  children,  then  the  said  unexpended 
balance  to  his  or  her  credit  shall  be  applied  to  the  general  uses  of 
said  hospital :  Provided  further,  That  in  the  case  of  pensioners  trans 
f erred  to  the  hospital  from  the  National  Home  for  Disabled  Volun- 
teer Soldiers,  any  pension  money  to  his  credit  at  said  Home  at  the 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  91 

time  of  his  said  transfer  shall  be  transferred  with  him  to  said  hos- 
pital and  placed  to  his  credit  therein,  to  be  expended  as  hereinbefore 
provided ;  and  in  case  of  his  return  from  said  hospital  to  the  Home, 
any  balance  to  his  credit  at  said  hospital  shall,  in  like  manner,  be 
transferred  to  said  Home,  to  be  expended  in  accordance  with  the 
rules  established  in  regard  thereto.  This  provision  shall  also  be  ap- 
plicable to  all  unexpended  pension  money  heretofore  paid  to  the 
officers  of  the  said  hospital  on  account  of  pensioners  who  were  but 
are  not  now  inmates  thereof." 

ACT  FEBRUARY  2,  1909,  AMENDING  SECTION  4839,  REVISED  STATUTES 

(35  STAT.  L.,  592). 

"  SEC.  4839.  *  *  During  the  time  that  any  pensioner  shall 

be  an  inmate  of  the  Government  Hospital  for  the  Insane,  all  money 
due  or  becoming  due  upon  his  or  her  pension  shall  be  paid  by  the 
pension  agent  to  the  superintendent  or  disbursing  agent  of  the  hos- 
pital, upon  a  certificate  by  such  superintendent  that  the  pensioner 
is  an  inmate  of  the  hospital  and  is  living,  and  such  pension  money 
shall  be  by  said  superintendent  or  disbursing  agent  disbursed  and 
used,  under  regulations  to  be  prescribed  by  the  Secretary  of  the 
Interior,  for  the  benefit  of  the  pensioner,  and,  in  case  of  a  male  pen- 
sioner, his  wife,  minor  children,  and  dependent  parents,  or,  if  a 
female  pensioner,  her  minor  children,  if  any,  in  the  order  named, 
and  to  pay  his  or  her  board  and  maintenance  in  the  hospital,  the 
icmainder  of  such  pension  money,  if  any,  to  be  placed  to  the  credit 
of  the  pensioner  and  to  be  paid  to  the  pensioner  or  the  guardian  of 
the  pensioner  in  the  event  of  his  or  her  discharge  from  the  hospital ; 
or,  in  the  event  of  the  death  of  said  pensioner  while  an  inmate  of 
said  hospital,  shall,  if  a  female  pensioner,  be  paid  to  her  minor  chil- 
dren, and,  in  the  case  of  a  male  pensioner,  be  paid  to  his  wife,  if 
living;  if  no  wife  survives  him,  then  to  his  minor  children;  and  in 
case  there  is  no  wife  nor  minor,  children,  then  the  said  unexpended 
balance  to  his  or  her  credit  shall  be  applied  to  the  general  uses  of 
said  hospital :  Provided,  That  in  the  case  of  any  pensioner  trans- 
ferred to  the  hospital  from  the  National  Home  for  Disabled  Volun- 
teer Soldiers,  any  pension  money  to  his  credit  at  said  home  at  the 
time  of  his  said  transfer  shall  be  transferred  with  him  to  said  hos- 
pital and  placed  to  his  credit  therein,  to  be  expended  as  hereinbefore 
provided,  and  in  case  of  his  return  from  said  hospital  to  the  home 
any  balance  to  his  credit  at  said  hospital  shall  in  like  manner  be 
transferred  to  said  home,  to  be  expended  in  accordance  with  the  rules 
established  in  regard  thereto,  and  this  provision  shall  also  be  appli- 
cable to  all  unexpended  pension  money  heretofore  paid  to  the  officers 
of  said  hospital  on  account  of  pensioners  who  were  but  are  not  now 
inmates  thereof." 

SEC.  2.  That  all  provisions  of  law  inconsistent  with  this  act  are 
hereby  repealed. 

ACCRUED   PENSION;    TO   WHOM   PAID;    REIMBURSEMENT. 
ACT  MARCH  2,  1895   (28  STAT.  L.,  964). 

That  from  and  after  the  twenty-eighth  day  of  September,  eighteen 
hundred  and  ninety-two,  the  accrued  pension  to  the  date  of  the 


92  LAWS   GOVERNING  ARMY  AND  NAVY  PENSIONS. 

death  of  any  pensioner,  or  of  any  person  entitled  to  a  pension  having 
an  application  therefor  pending,  and  whether  a  certificate  therefor 
shall  issue  prior  or  subsequent  to  the  death  of  such  person,  shall,  in 
the  case  of  a  person  pensioned,  or  applying  for  pension,  on  account 
of  his  disabilities  or  service,  be  paid,  first,  to  his  widow;  second,  if 
there  is  no  widow,  to  his  child  or  children  under  the  age  of  sixteen 
years  at  his  death;  third,  in  case  of  a  widow,  to  her  minor  children 
under  the  age  of  sixteen  years  at  her  death.  Such  accrued  pension 
shall  not  be  considered  a  part  of  the  assets  of  the  estate  of  such  de- 
ceased person,  nor  be  liable  for  the  payment  of  the  debts  of  said 
estate  in  any  case  whatsoever,  but  shall  inure  to  the  sole  and  exclusive 
benefit  of  the  widow  or  children.  And  if  no  widow  or  child  survive 
such  pensioner,  and  in  the  case  of  his  last  surviving  child  who  was 
such  minor  at  his  death,  and  in  case  of  a  dependent  mother,  father, 
sister,  or  brother,  no  payment  whatsoever  of  their  accrued  pension 
shall  be  made  or  allowed  except  so  much  as  may  be  necessary  to 
reimburse  the  person  who  bore  the  expense  of  their  last  sickness  and 
burial,  if  they  did  not  leave  sufficient  assets  to  meet  such  expense. 
And  the  mailing  of  a  pension  check,  drawn  by  a  pension  agent  in 
payment  of  a  pension  due,  to  the  address  of  a  pensioner,  shall  consti- 
tute payment  in  the  event  of  the  death  of  a  pensioner  subsequent  to 
the  execution  of  the  voucher  therefor.1  And  all  prior  laws  relating 
to  the  payment  of  accrued  pension  are  hereby  repealed. 

COMMISSIONER    OF    PENSIONS    TO    SETTLE    REIMBURSEMENT    CLAIMS. 
ACT  MARCH  4,  1909   (35  STAT.  L.,  1058). 

That  hereafter  the  settlement  of  all  claims  for  the  reimbursement 
of  expenses  of  the  last  sickness  and  burial  of  deceased  pensioners 
shall  be  under  the  direction  of  the  Commissioner  of  Pensions.2 

NO   REIMBURSEMENT   TO    STATE,    COUNTY,    OR   MUNICIPAL    CORPORATIONS. 
ACT  MARCH  3,  1905   (33  STAT.  L.,  1169). 

*  *  *  and  no  part  of  any  accrued  pension  shall  hereafter  be 
used  to  reimburse  any  State,  county,  or  municipal  corporation  for 
expenses  incurred  by  such  State,  county,  or  municipal  corporation 
under  State  law  for  expenses  of  the  last  sickness  or  burial  of  a 
deceased  pensioner.  * 

FAILURE  TO  CLAIM  PENSION. 
SECTION  4719,  REVISED  STATUTES. 

The  failure  of  any  pensioner  to  claim  his  pension  for  three  years 
after  the  same  shall  have  become  due  shall  be  deemed  presumptive 
evidence  that  such  pension  has  legally  terminated  by  reason  of  the 
pensioner's  death,  remarriage,  recovery  from  the  disability,  or  other- 
wise, and  the  pensioner's  name  shall  be  stricken  from  the  list  of 

1  In  nonvoucher  cases  the  proper  delivery  of  a  pension  check  during  the  lifetime  of  the 
pensioner  constitutes  payment  in  the  event  of  the  d<  ath  of  the  peii:-ioner  prior  to  endorse- 
ment thereof.     In  such  cases  the  check  becomes  a  part  of  the  assets  of  the  estate  of  the 
dec-cased  pensioner. 

2  Reimbursement  claims  were  formerly  settled  in  the  Treasury  Department;  jurisdiction 
over  them  is  conferred  on  the  Commissioner  of  Pensions  by  thfs  act. 


LAWS   GOVERNING   ARMY  AND   NAVY   PENSIONS.  93 

pensioners,  subject  to  the  right  of  restoration  to  the  same  on  a  new 
application  by  the  pensioner,  or,  if  the  pensioner  is  dead,  by  the 
widow  or  minor  children  entitled  to  receive  the  accrued  pension, 
accompanied  by  evidence  satisfactorily  accounting  for  the  failure  to 
claim  such  pension,  and  by  medical  evidence  in  cases  of  invalids  who 
were  not  exempt  from  biennial  examinations  as  to  the  continuance 
of  the  disability. 

PENSION  NOT  LIABLE   TO   ATTACHMENT. 
SECTION  4747,   REVISED    STATUTES. 

No  sum  of  money  due,  or  to  become  due,  to  any  pensioner,  shall  be 
liable  to  attachment,  levy,  or  seizure  by  or  under  any  legal  or  equitable 
process  whatever,  whether  the  same  remains  with  the  Pension-Office, 
or  any  officer  or  agent  thereof,  or  is  in  course  of  transmission  to  the 
pensioner  entitled  thereto,  but  shall  inure  wholly  to  the  benefit  of 
such  pensioner. 

NOTE. 

See  sections  4768  and  4769,  Revised  Statutes  (p.  59),  and  act 
July  4,  1884  (p.  59),  relative  to  payment  of  attorney  fee  by  dis- 
bursing clerk  when  certified  for  payment  by  the  Commissioner  of 
Pensions. 


CHAPTER  IX. 


MISCELLANEOUS  STATUTES  AND  TABLE  OF  RATES. 

TWO   PENSIONS   TO    SAME    PERSON    NOT   ALLOWABLE. 
SECTION  4715,  REVISED  STATUTES. 

Nothing  in  this  Title  shall  be  so  construed  as  to  allow  more  than 
one  pension  at  the  same  time  to  the  same  person,  or  to  persons 
entitled  jointly;  but  any  pensioner  who  shall  so  elect  may  surrender 
his  certificate,  and  receive,  in  lieu  thereof,  a  certificate  for  any  other 
pension  to  which  he  would  have  been  entitled  had  not  the  surrendered 
certificate  been  issued.  But  all  payments  previously  made  for  any 
period  covered  by  the  new  certificate  shall  be  deducted  from  the 
amount  allowed  by  such  certificate. 

PENSIONS   UNDER    SPECIAL   ACT;    SUSPECTED    FRAUD. 
SECTION  4720,  REVISED  STATUTES. 

When  the  rate,  commencement,  and  duration  of  a  pension  allowed 
by  special  act  are  fixed  by  such  act,  they  shall  not  be  subject  to  be 
varied  by  the  provisions  and  limitations  of  the  general  pension-laws, 
but  when  not  thus  fixed  the  rate  and  continuance  of  the  pension  shall 
be  subject  to  variation  in  accordance  with  the  general  laws,  and  its 
commencement  shall  date  from  the  passage  of  the  special  act,  and 
the  Commissioner  of  Pensions  shall,  upon  satisfactory  evidence  that 
fraud  was  perpetrated  in  obtaining  such  special  act,  suspend  pay- 
ment thereupon  until  the  propriety  of  repealing  the  same  can  be 
considered  by  Congress. 

SPECIAL-ACT   PENSIONS   EQUALIZED. 
ACT  JUNE  6,  1874    (18  STAT.  L.,  61). 

That  all  persons  entitled  to  pensions  under  special  acts  fixing  the 
rate  of  such  pensions,  and  now  receiving  or  entitled  to  receive  a 
less  pension  than  that  allowed  by  the  general  pension  laws  under  like 
circumstances,  are,  in  lieu  of  their  present  rate  of  pension,  hereby 
declared  to  be  entitled  to  the  benefits  and  subject  to  the  limitations 
of  the  general  pension-laws,  entitled  "An  act  to  revise,  consolidate, 
and  amend  the  laws  relating  to  pensions,"  approved  March  third, 
eighteen  hundred  and  seventy-three;  and  that  this  act  go  into  effect 
from  and  after  its  passage:  Provided,  That  this  act  shall  not  be 
construed  to  reduce  any  pension  granted  by  special  act. 

94 


LAWS  GOVERNING  ARMY  AND   NAVY  PENSIONS.  95 

SPECIAL   ACT   NOT   IN  ADDITION   TO    OTHER   PENSION. 
ACT  JULY  25,  1882   (22  STAT.  L.,  176). 

That  no  person  who  is  now  receiving  or  shall  hereafter  receive  a 
pension  under  a  special  act  shall  be  entitled  to  receive  in  addition 
thereto  a  pension  under  the  general  law,  unless  the  special  act  ex- 
pressly states  that  the  pension  granted  thereby  is  in  addition  to  the 
pension  which  said  person  is  entitled  to  receive  under  the  general 
law. 

SPECIAL-ACT    PENSION    ON    ACCOUNT    OF    HELPLESS    CHILD. 
ACT  MARCH  4,  1909    (35  STAT.  L.,  1058). 

That  when  an  additional  pension  has  been,  or  may  hereafter  be, 
granted  by  special  act  to  a  widow  or  guardian  on  account  of  a  help- 
less child,  such  additional  pension  shall  in  no  wise  affect  the  rate 
of  pension  the  widow  may  be  entitled  to  independent  of  such  addi- 
tional allowance. 

REPORT   TO  CONGRESS  OF  CERTAIN  CLAIMS. 
RESOLUTION  MAY  29,  1830   (4  STAT.  L.,  430). 

That  the  heads  of  department,  who  may  severally  (be)  charged 
with  the  administration  of  the  pension  laws  of  the  United  States 
of  America,  be,  and  they  hereby  are,  respectively,  directed  and  re- 
quired, as  soon  as  may  be  after  "the  opening  of  each-  session  of  Con- 
gress, to  present  to  the  Senate  and  House  of  Representatives,  a  sev- 
eral list  of  such  persons,  whether  revolutionary,  invalid,  or  other- 
wise, as  shall  have  made  application  for  a  pension,  or  an  increase  of 
pension,  and  as,  in  their  opinion,  respectively,  ought  to  be  placed 
upon  the  pension  roll  or  otherwise  provided  for,  and  for  doing 
which  they  have  no  sufficient  power  or  authority,  with  the  names 
and  residence  of  such  persons,  the  capacity  in  which  they  served, 
the  degree  of  relief  proposed,  and  a  brief  statement  of  the  grounds 
thereof,  to  the  end  that  Congress  may  consider  the  same. 

DETAIL   OF   CLERKS   TO    COMMITTEES   OF   HOUSE. 
RESOLUTION  FEBRUARY  1,  1884  (23  STAT.  L.,  266). 

That  the  Secretary  of  the  Interior  be,  and  is  hereby,  authorized 
if  in  his  opinion  the  public  interests  Avill  not  suffer  thereby,  upon  the 
request  of  either  of  the  committees  hereinafter  named,  to  detail  from 
that  department  one  clerk  to  act  as  assistant  clerk  to  the  House  Com- 
mittee on  Pensions,  and  one  clerk  to  act  as  assistant  clerk  to  the 
House  Committee  on  Invalid  Pensions. 

LOYALTY  REQUIRED. 
SECTION  4716,  REVISED  STATUTES.1 

No  money  on  account  of  pension  shall  be  paid  to  any  person,  or  to 
the  widow,  children,  or  heirs  of  any  deceased  person,  who  in  any 
manner  voluntarily  engaged  in,  or  aided  or  abetted,  the  late  rebellion 
against  the  authority  of  the  United  States.2 

1  Repealed  Aug.  29,  1916,  see  page  151. 

2  Limitation  imposed  by  sec.  4716,  R.  S.,  is  removed  in  specified  cases  by  the  following 
statutes  :  Act  Mar.  9,  1878,  20  Stat.  L.,  28,  c.  28,  sec.  5  ;  act  Jan.  29,  1887,  24  Stat.  L., 
372,  c.  70,  sec.  5  ;  act  July  27.  1892,  27  Stat.  L.,  282,  c.  277,  sec.  6  ;  act  Aug.   1,  1892, 
27  Stat.  L.,  340,  c.  351  ;  act  Apr.  IS,  1900,  31  Stat.  L.,  13G,  c.  244  ;  act  June  27,  1902, 
32  Stat.  L.,  399,  c.  1156;  joint  resolution  July  1,  1902,  32   Stat.   L.,  750,  pub.  res.,  42- 
act  May  30,  1908,  35  Stat.  L.,  553,  c.  230. 


96  LAWS   GOVEBNTNG  ARMY   AND   NAVY   PENSIONS. 

DISLOYALTY  CONDONED  IN  CERTAIN  CASES. 
ACT  AUGUST  1,  1892  (27  STAT.  L.,  340). 

That  the  act  entitled  "An  act  amending  the  pension  law  so  as  to 
remove  the  disability  of  those  who,  having  participated  in  the  re- 
bellion, have  since  its  termination  enlisted  in  the  Army  of  the  United 
States,  and  become  disabled,"  approved,  March  third,  eighteen  hun- 
dred and  seventy-seven,1  be,  and  the  same  is  hereby,  amended  so  as  to 
read  as  follows : 

"  That  the  law  prohibiting  the  payment  of  any  money  on  account 
of  pensions  to  any  person,  or  to  the  widow,  children,  or  heirs  of  any 
deceased  person  who,  in  any  manner,  engaged  in  or  aided  or  abetted 
the  late  rebellion  against  the  authority  of  the  United  States,  shall  not 
be  construed  to  apply  to  such  persons  as  afterward  voluntarily  en- 
listed in  either  the  Navy  or  Army  of  the  United  States,  and  who, 
while  in  such  service,  incurred  disability  from  a  wound  or  injury 
received  or  disease  contracted  in  the  line  of  duty." 

ACT    APRIL  18,  1900  (31  STAT.  L.,  136). 

That  section  forty-seven  hundred  and  sixteen  of  the  Revised 
Statutes  be,  and  the  same  is  hereby,  repealed,  so  far  as  the  same  may 
be  applicable  to  the  claims  to  pension  of  dependent  parents  of  soldiers, 
sailors,  and  marines  who  served  in  the  Army  or  Navy  of  the  United 
States  during  the  war  with  Spain. 

CONSTRUCTION  OF  ACT  JUNE   27,   1890;    DISLOYALTY. 
JOINT  RESOLUTION  JULY  1,  1902  (32  STAT.  L.,  750). 

SEC.  1.  That  the  Act  approved  June  twenty-seventh,  eighteen  hun- 
dred and  ninety,  entitled  "An  Act  granting  pensions  to  soldiers  and 
sailors  who  are  incapacitated  for  the  performance  of  manual  labor, 
and  providing  for  pensions  to  widows,  minor  children,  and  dependent 
parents,"  is  construed  and  held  to  include  all  persons  and  the  widows 
and  minor  children  of  all  deceased  persons,  subject  to  the  limitations 
of  said  act,  who  served  for  ninety  days  in  the  military  or  naval  service 
of  the  United  States  during  the  late  war  of  the  rebellion,  and  who 
have  been  honorably  discharged  therefrom,  and  section  fort}7-seven 
hundred  and  sixteen,  Revised  Statutes  United  States,  is  amended 
accordingly :  Provided,  however.  That  the  foregoing  shall  not  apply 
to  those  who  served  in  the  First.  Second.  Third.  Fourth,  Fifth,  and 
Sixth  Regiments  United  States  Volunteer  Infantry  who  had  a  prior 
service  in  the  Confederate  army  or  navy  and  who  enlisted  in  said 
regiments  while  confined  as  prisoners  of  war  under  a  stipulation 
that  they  were  not  to  be  pensionable  under  the  laws  of  the  United 
States,2  nor  to  those  who,  having  had  such  prior  service,  enlisted  in 
the  military  or  naval  service  of  the  United  States  after  the  first  day 
of  January,  eighteen  hundred  and  sixty-five. 

1  Act  of  Mar.  3,  1877  (19  Stat.  L.,  403,  c.  120),  related  to  the  Army  only  ;  act  of  Aug  1 
1892,  extended  the  provisions  of  said  act  to  include  the  Navy. 

2  Under  date  of  Feb.   17,  1903,  the  Commissioner  of  Pensions  issued  instructions  that 
claims  for  pension  filed  by  persons  who  served  in  any  of  the  six  regiments  above  named 
shall  be  treated  the  same  as  the  claims  of  those  persons  who  rendered  service  in  other 
than  the  excepted  regiments,  upon  the  ground  that  no  such  stipulation  as  named  in  the 
resolution,  either  express  or  implied,  was  found  of  record  in  the  War  Department. 


LAWS   GOVEENING  ARMY   AND   NAVY   PENSIONS.  97 

BOTH   PENSION   AND   PAY   NOT    ALLOWED   UNLESS,    ETC. 
SECTION  4724,  REVISED  STATUTES. 

No  person  in  the  Army,  Navy,  or  Marine  Corps  shall  draw  both 
a  pension  as  an  invalid  and  the  pay  of  his  rank  or  station  in  thro 
service,  unless  the  disability  for  which  the  pension  was  granted  be 
such  as  to  occasion  his  employment  in  a  lower  grade,  or  in  the  civil 
branch  of  the  service. 

OFFICER  ON  RETIRED   LIST  NOT  ENTITLED   TO  PENSION. 
ACT  AUGUST  29,  1890  (26  STAT.  L.,  371). 

Hereafter  no  officer  of  the  Army,  Navy  or  Marine  Corps  on  the 
retired  list  shall  draw  or  receive  any  pension  under  any  law. 

NO   PENSION   TO   PERSONS   ON   ACTIVE   OR  RETIRED   LIST,    ARMY,   NAVY,    OR 

MARINE  CORPS. 

ACT  MARCH  3,  1891   (2G  STAT.  L.,  1082). 

*  *     *     And  provided  further,  That  hereafter  no  pension  shall 
be    allowed    or    paid    to    any    officer,    noncommissioned    officer,    or 
private  in  the  Army,  Navy,  or  Marine  Corps  of  the  United  States, 
either  on  the  active  or  retired  list. 

NO  PENSION  WHILE  ON  ACTIVE   OR  RETIRED  LIST,   REVENUE-CUTTER  SERVICE. 
ACT  MAY  27,  1908   (35  STAT.  L.,  322). 

*  *     *     Provided,  That  hereafter  no  pension  shall  be  allowed  or 
paid  to  any  commissioned  officer,  warrant  officer,  or  enlisted  man  in 
the  Revenue-Cutter  Service  either  on  the  active  or  retired  list. 

NO   PENSION  WHILE   ON  ACTIVE   OR   RETIRED   LIST,    COAST   GUARD. 
ACT  JANUARY  28,  1915  (38  STAT.  L.,  802). 

SEC.  3.  *  *  *  Provided,  That  no  pension  shall  be  allowed  or 
paid  to  any  commissioned  officer,  warrant  officer,  or  enlisted  man  in 
the  Coast  Guard  either  on  the  active  or  retired  list. 

NOTICE   REQUIRED    BEFORE    SUSPENSION    OR   DROPPING, 
ACT  DECEMBER  21,  1893  (28  STAT.  L.,  18). 

*  *     *     Provided,  That  any  pension  heretofore  or  that  may  here- 
after be  granted  to  any  applicant  therefor  under  any  law  of  the 
United  States  authorizing  the  granting  and  payment  of  pensions,  on 
application  made  and  adjudicated  upon,  shall  be  deemed  and  held 
by  all  officers  of  the  United  States  to  be  a  vested  right  in  the  grantee 
to  that  extent  that  payment  thereof  shall  not  be  withheld  or  sus- 
pended until,  after  due  notice  to  the  grantee  of  not  less  than  thirty 
days,  the  Commissioner  of  Pensions,  after  hearing  all  the  evidence, 
shall  decide  to  annul,  vacate,  modify,  or  set  aside  the  decision  upon 


98  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

which  such  pension  was  granted.  Such  notice  to  grantee  must  con- 
tain a  full  and  true  statement  of  any  charges  or  allegations  upon 
which  such  decision  granting  such  pension  shall  be  sought  to  be  in 
any  manner  disturbed  or  modified. 

CONTINUANCE    OF   PENSION   TO   CERTAIN   PERSONS. 
SECTION  4733,  REVISED  STATUTES. 

All  pensioners  whose  names  are  now  on  the  pension-roll  or  who  are 
entitled  to  restoration  to  the  roll  under  any  act  of  Congress,  shall  be 
entitled  to  the  continuance  of  such  pensions  under  the  provisions  and 
limitations  of  this  Title,  and  to  such  further  increase  of  pension  as 
is  herein  provided. 

PENSIONS  ARE  NOT  TO   BE  WITHHELD. 
SECTION  4734,  REVISED  STATUTES. 

The  provisions  of  law  which  allow  the  withholding  of  the  com- 
pensation of  any  person  who  is  in  arrears  shall  not  be  construed  to 
authorize  the  pension  of  any  pensioner  of  the  United  States  to  be 
withheld. 

DUPLICATE  OF  LOST  DISCHARGE   CERTIFICATE. 
SECTION  224,  REVISED  STATUTES. 

Whenever  satisfactory  proof  is  furnished  to  the  War  Department 
that  any  noncommissioned  officer  or  private  soldier  who  served  in 
the  Army  of  the  United  States  in  the  late  war  against  the  rebellion 
has  lost  his  certificate  of  discharge,  or  the  same  has  been  destroyed 
without  his  privity  or  procurement,  the  Secretary  of  War  shall  be 
authorized  to  furnish,  on  request,  to  such  noncommissioned  officer 
or  private  a  duplicate  of  such  certificate  of  discharge,  to  be  indelibly 
marked,  so  that  it  may  be  known  as  a  duplicate;  but  such  certificate 
shall  not  be  accepted  as  a  voucher  for  the  payment  of  any  claim 
against  the  United  States  for  pay,  bounty,  or  other  allowance,  or  as 
evidence  in  any  other  case. 

DISCHARGE    CERTIFICATES,    MISSOURI    HOME    GUARDS. 
ACT  MAY  15,  1886  (24  STAT.  L.,  23). 

That  the  Secretary  of  War  be,  and  is  hereby,  authorized  and 
directed  to  furnish,  upon  their  several  applications  therefor,  a  cer- 
tificate of  discharge  to  each  and  every  member  of  the  Missouri  Home 
Guards  whose  claims  for  pay  were  adjudicated  by  the  Hawkins- 
Taylor  Commission,  under  the  act  approved  March  twenty-fifth, 
eighteen  hundred  and  sixty-two,  and  the  several  acts  supplementary 
thereto. 

PROVISIONS  AS  TO  DISCHARGE   CERTIFICATES  EXTENDED;    ALL  WARS. 
ACT  AUGUST  22,  1912  (37  STAT.  L.,  324). 

That  the  Secretary  of  War  and  the  Secretary  of  the  Navy  be, 
and  they  are  hereby,  authorized  and  required  to  issue  certificates  of 
discharge  or  orders  of  acceptance  of  resignation,  upon  application 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  99 

and  proof  of  identity,  in  the  true  name  of  such  persons  as  enlisted 
or  served  under  assumed  names,  while  minors  or  otherwise,  in  the 
Army  or  Navy  during  any  war  between  the  United  States  and  any 
other  nation  or  people  and  were  honorably  discharged  therefrom. 
Applications  for  said  certificates  of  discharge  or  amended  orders  of 
resignation  may  be  made  by  or  on  behalf  of  persons  entitled  to  them, 
but  110  such  certificate  or  order  shall  be  issued  where  a  name  was 
assumed  to  cover  a  crime  or  to  avoid  its  consequence.1 

CERTAIN    SOLDIERS   AND   SAILORS   NOT   DEEMED    DESERTERS, 
SECTION  4749,  REVISED  STATUTES. 

No  soldier  or  sailor  shall  be  taken  or  held  to  be  a  deserter  from  the 
Army  or  Navy  who  faithfully  served  according  to  his  enlistment 
until  the  nineteenth  day  of  April,  eighteen  hundred  and  sixty-five, 
and  who,  without  proper  authority  or  leave  first  obtained,  quit  his 
command  or  refused  to  serve  after  that  date;  but  nothing  herein  con- 
tained shall  operate  as  a  remission  of  any  forfeiture  incurred  by  any 
such  soldier  or  sailor  of  his  pension;  but  this  section  shall  be  con- 
strued solely  as  a  removal  of  any  disability  such  soldier  or  sailor  may 
have  incurred  by  the  loss  of  his  citizenship  in  consequence  of  his 
desertion.2 

REMOVAL  OF   CHARGE   OF  DESERTION;    NAVY  AND   MARINE   CORPS. 
ACT  AUGUST  14,  1888  (25  STAT.  L.,  442). 

SECTION  1.  That  the  charge  of  desertion  now  standing  on  the  rolls 
and  records  of  the  Navy  or  Marine  Corps  against  any  appointed  or  en- 
listed men  of  the  Navy  or  Marine  Corps  who  served  in  the  late  war 
may,  in  the  discretion  of  the  Secretary  of  the  Navy,  be  removed  in 
all  cases  where  it  shall  be  made  to  appear  to  the  satisfaction  of  the 
Secretary  of  the  Navy,  from  such  rolls  and  records  or  from  other 
satisfactory  evidence,  that  any  such  appointed  or  enlisted  man  served 
faithfully  until  the  expiration  of  his  term  of  enlistment,  or  until  the 
first  day  of  May  Anno  Domini  eighteen  hundred  and  sixt}^-five,  hav- 
ing previously  served  six  months  or  more,  or  was  prevented  from 
completing  his  term  of  service  by  reason  of  wounds  received  or  dis- 
ease contracted  in  the  line  of  duty,  but  who,  by  reason  of  absence 
from  his  command  at  the  time  he  became  entitled  to  his  discharge, 
failed  to  be  mustered  out  and  to  receive  a  discharge  from  the  service : 
Provided,  That  no  such  appointed  or  enlisted  man  shall  be  relieved 
under  this  section  who.  not  being  sick  or  wounded,  left  his  com- 
mand, without  proper  authority,  while  the  same  was  in  presence  of 
the  enemy. 

SEC.  2.  That  the  Secretary  of  the  Navy  is  hereby  authorized  to  re- 
move the  charge  of  desertion  standing  on  the  rolls  or  records  of  the 
Navy  or  Marine  Corps  against  any  appointed  or  enlisted  man  of  the 
Navy  or  Marine  Corps  who  served  in  the  late  war,  in  all  cases  where 
it  shall  be  made  to  appear,  to  the  satisfaction  of  the  Secretary  of  the 
Navy,  from  such  rolls  or  from  other  satisfactory  evidence,  that  such 
appointed  or  enlisted  man  charged  with  desertion  or  with  absence 

iFor  prior  legislation  on  same  subject,  see  act  Apr.  14,  1890  (26  Stat.  L.,  55),  and 
act  June  25,  1910  (36  Stat.  L,,  824). 

2  See  sec.  2,  joint  resolution,  July  1,  1902,  and  joint  resolution,  June  28,  1906,  p.  105. 


100  LAWS   GOVERNING   ARMY   AND   NAVY   PENSIONS. 

without  leave,  after  such  charge  of  desertion  or  absence  without 
leave,  and  within  a  reasonable  time  thereafter,  voluntarily  returned 
to  and  served  in  the  line  of  his  duty  until  he  was  mustered  out  of 
the  service,  and  received  a  certificate  of  discharge  therefrom,  or, 
while  so  absent,  and  before  the  expiration  of  his  term  of  enlistment, 
died  from  wounds,  injury,  or  disease  received  or  contracted  in  the 
service  and  in  the  line  of  duty. 

SEC.  3.  That  the  charge  of  desertion  now  standing  on  the  rolls  or 
records  of  the  Navy  or  Marine  Corps  against  any  appointed  or  en- 
listed man  of  the  Navy  or  Marine  Corps  who  served  in  the  late  war, 
by  reason  of  his  having  enlisted  at  any  station  or  on  board  of  any 
vessel  of  the  Navy  without  having  first  received  a  discharge  from 
the  station  or  vessel  in  which  he  had  previously  served,  shall  be  re- 
moved in  all  cases  wherein  it  shall  be  made  to  appear  to  the  satisfac- 
tion of  the  Secretary  of  the  Navy  from  such  rolls  and  records,  or 
from  other  satisfactory  testimony,  that  such  reenlistment  was  not 
made  for  the  purpose  of  securing  bounty  or  other  gratuity  that  he 
would  not  have  been  entitled  to  had  he  remained  under  his  original 
term  of  enlistment:  Provided,  That  no  appointed  or  enlisted  man 
shall  be  relieved  under  this  act  who,  not  being  sick  or  wounded,  left 
his  command  without  proper  authority  while  the  s-nie  was  in  pres- 
ence of  the  enemy,  or  who,  at  the  time  of  leaving  his  command,  was 
in  arrest  or  under  charges,  or  in  whose  case  the  period  of  absence 
from  the  service  exceeded  three  months. 

SEC.  4.  That  in  all  cases  where  the  charge  of  desertion  shall  be 
removed  under  the  provisions  of  this  act  from  the  record  of  any 
appointed  or  enlisted  man  of  the  Navy  or  Marine  Corps  who  has  not 
received  a  certificate  of  discharge  it  shall  be  the  duty  of  the  Secre- 
tary of  the  Navy  to  issue  to  such  appointed  or  enlisted  man.  or  in 
of  his  death,  to  his  heirs  or  legal  representatives,  a  certificate  of 
discharge. 

SEC.  5.  That  when  the  charge  of  desertion  shall  be  removed  under 
the  provisions  of  this  act  from  the  record  of  any  appointed  or  en- 
listed man  of  the  Navy  or  Marine  Corps,  such  man.  or,  in  case  of  his 
death,  the  heirs  or  le^al  representatives  of  such  man,  shall  receive  all 
pay  and  bounty  which  may  have  been  withheld  on  account  of  such 
charge  of  desertion  or  absence  without  leave:  Provided,  hon'< 
That  this  act  shall  not  be  so  construed  as  to  give  to  any  such  man  as 
may  be  entitled  to  relief  under  the  provisions  of  this  act.  oi\  in  case  of 
his  death,  to  the  heirs  or  legal  representatives  of  any  such  man,  the 
right  to  receive  pay  and  bounty  for  any  period  of  time  during  which 
such  man  was  absent  from  his  command  without  leave  of  absence: 
And  provided  further.  That  no  appointed  or  enlisted  man.  nor  the 
heirs  or  legal  representatives  of  any  such  man.  who  served  in  the 
Navy  or  Marine  Corps  a  period  of  less  than  six  months  shall  be 
entitled  to  the  benefit  of  the  provisions  of  this  act :  -4??^  provided  fur- 
ther, That  all  applications  for  relief  under  this  act  shall  be  made  to 
and  filed  with  the  Secretary  of  the  Navy  within  the  period  of  five 
years  from  and  after  its  passage,  and  all  applications  not  so  made  and 
filed  within  the  said  term  of  five  years  shall  be  forever  barred,  and 
shall  not  be  received  or  considered. 

SEC.  6.  That  all  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


LAWS   GOVERNING  ARMY  AND   NAVY  PENSIONS.  101 

CHARGE  OF  DESERTION;  NAVY  AND  MARINE  C$R£$;  JLIMIT-ATIOK 'REMOVED. 
ACT  MAY  24,  1900  (31  STAT.  L.,'  183 ).,    tu 

SECTION  1.  That  chapter  eight  hundred  and'ninetyV  volume  twenty^ 
five,  of  the  United  States  Statutes  at  Large,  entitled  "An  act  to  relieve 
certain  appointed  or  enlisted  men  of  the  Navy  and  Marine  Corps 
from  the  charge  of  desertion,"  approved  August  fourteenth,  eight- 
een hundred  and  eighty-eight,  be,  and  the  same  is  hereby,  revived 
and  reenacted. 

SEC.  2.  That  section  five  of  the  said  act  be,  and  is  hereby,  so 
amended  as  to  remove  the  limitation  of  time  within  which  applica- 
tions for  relief  may  be  received  and  acted  upon  under  the  provisions 

REMOVAL  OF  CHARGE  OF  DESERTION:   ARMY. 
ACT  MARCH  2,  1889  (25  STAT.  L.,  869). 

SECTION  1.  That  the  charge  of  desertion  now  standing  on  the  rolls 
and  records  in  the  office  of  the  Adjutant  General  of  the  United  States 
Army  against  any  soldier  who  served  in  the  late  war  in  the  volun- 
teer service  shall  be  removed  in  all  cases  where  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  Secretary  of  War,  from  such  rolls 
and  records,  or  from  other  satisfactory  testimony,  that  such  soldier 
served  faithfully  until  the  expiration  of  his  term  of  enlistment,  or 
until  the  first  day  of  May,  anno  domini  eighteen  hundred  and  sixty- 
five,  having  previously  served  six  months  or  more,  and,  by  reason 
of  absence  from  his  command  at  the  time  the  same  was  mustered  out, 
failed  to  be  mustered  out  and  to  receive  an  honorable  discharge,  or 
that  such  soldier  absented  himself  from  his  command,  or  from  hos- 
pital while  suffering  from  wounds,  injuries,  or  disease  received  or 
contracted  in  the  line  of  duty  and  was  prevented  from  completing 
his  term  of  enlistment  by  reason  of  such  wounds,  injuries,  or  disease. 

SEC.  2.  That  the  Secretary  of  War  is  hereby  authorized  to  remove 
the  charge  of  desertion  from  the  record  of  any  regular  or  volunteer 
soldier  in  the  late  war  upon  proper  application  therefor,  and  satis- 
factory proof  in  the  following  cases: 

First.  That  such  soldier,  after  such  charge  of  desertion  was  made, 
and  within  a  reasonable  time  thereafter,  voluntarily  returned  to  his 
command  and  served  faithfully  to  the  end  of  his  term  of  service,  or 
until  discharged. 

Second.  That  such  soldier  absented  himself  from  his  command  or 
from  hospital  while  suffering  from  wounds,  injuries,  or  disease  re- 
ceived or  contracted  in  the  line  of  duty,  and  upon  recovery  volun- 
tarily returned  to  his  command  and  served  faithfully  thereafter,  or 
died"  from  such  wounds,  injuries,  or  disease  while  so  absent,  and 
before  the  date  of  muster  out  of  his  command,  or  expiration  of  his 
term  of  service,  or  was  prevented  from  so  returning  by  reason  of  such 
wounds,  injuries,  or  diseases  before  such  muster  out  or  expiration  of 
service. 

Third.  That  such  soldier  was  a  minor,  and  was  enlisted  without 
the  consent  of  his  parent  or  guardian,  and  was  released  or  discharged 
from  such  service  by  the  order  or  decree  of  any  court  of  competent 
jurisdiction  on  habeas  corpus  or  other  proper  judicial  proceedings; 
and  in  any  such  case  no  pay,  allowance,  bounty,  or  pension  shall  be 
allowed  or  granted. 


102  LAWS  GOVERNING  AEMY  AND  NAVY  PENSIONS. 

SEC.  3,  That  iha  charge  of  desertion  now  standing  on  the  rolls  and 
records  in  the  office  of  the  Adjutant  General  of  the  Army  against  any ' 
regular,  or  vohinteei*  soldier  who  served  in  the  late  war  of  the  rebel- 
lion by  rei:eon  of  his  having  enlisted  in  any  regiment,  troop,  or  com- 
pany, or  in  the  United  States  Navy  or  Marine  Corps,  without  hav- 
ing first  received  a  discharge  from  the  regiment,  troop,  or  company 
in  which  he  had  previously  served,  shall  be  removed  in  all  cases 
wherein  it  shall  be  made  to  appear  to  the  satisfaction  of  the  Secre- 
tary of  War,  from  such  rolls  and  records,  or  from  other  satisfactory 
testimony,  that  such  reenlistment  was  not  made  for  the  purpose  of 
securing  bounty  or  other  gratuity  that  he  would  not  have  been 
entitled  to,  had  he  remained  under  his  original  term  of  enlistment; 
that  the  absence  from  the  service  did  not  exceed  four  months;  and 
that  such  soldier  served  faithfully  under  his  reenlistment. 

SEC.  4.  That  whenever  it  shall  appear  from  the  official  records  in 
the  office  of  the  Adjutant  General,  United  States  Army,  that  any 
regular  or  volunteer  soldier  of  the  late  war  was  formally  restored  to 
duty  from  desertion  by  the  Commander  competent  to  order  his  trial 
for  the  offense,  or,  having  deserted  and  being  charged  with  desertion, 
was,  on  return  to  the  service,  suffered,  without  such  formal  restora- 
tion, to  resume  his  place  in  the  ranks  of  his  command,  serving  faith- 
fully thereafter  until  the  expiration  of  his  term,  such  soluicr  shall 
not  be  deemed  to  rest  under  any  disability  because  of  such  desertion 
in  the  prosecution  of  any  claim  for  pension  on  account  of  disease 
contracted  or  wounds  or  injuries  received  in  the  line  of  his  duty  as 
a  soldier. 

SEC.  5.  That  when  the  charge  of  desertion  shall  be  removed  under 
the  provisions  of  this  act  from  the  record  of  any  soldier,  such  sol- 
dier, or,  in  case  of  his  death,  the  heirs  or  legal  representatives  of  such 
soldier,  shall  receive  the  pa}r  and  bounty  due  to  such  soldier:  Pro- 
vided, however,  That  this  act  shall  not  be  so  construed  as  to  give  to 
any  such  soldier,  or,  in  case  of  his  death,  to  the  heirs  or  legal  repre- 
sentatives of  any  such  soldier,  any  pay,  bounty,  or  allowance  for  any 
time  during  which  such  soldier  was  absent  from  his  command  with- 
out proper  authority ;  nor  shall  it  be  so  construed  as  to  give  any  pay, 
bounty,  or  allowance  to  any  soldier,  his  heirs  or  legal  representatives, 
who  served  in  the  Army  a  period  of  less  than  six  months. 

SEC.  6.  That  the  Secretary  of  War  be,  and  he  hereby  is,  authorized 
and  directed  to  amend  the  military  record  of  any  soldier  who  enlisted 
for  the  war  with  Mexico,  upon  proper  application,  where  the  rolls 
and  records  of  the  Adjutant  General's  office  show  the  charge  of  deser- 
tion against  him,  when  such  rolls  and  records  show  the  facts  set  out 
in  the  following  cases : 

First:  That  said  soldier  served  faithfully  the  full  term  of  his 
enlistment,  or  having  served  faithfully  for  six  months  or  more,  and 
until  the  fourth  day  of  July  anno  domini  eighteen  hundred  and 
forty-eight,  left  his  commnnd  without  having  received  a  discharge. 

Second.  That  such  soldier,  after  said  charge  of  desertion  was  en- 
tered on  the  rolls,  voluntarily  returned  to  his  command  within  a 
reasonable  time  and  served  faithfully  until  discharged. 

SEC.  7.  That  the  provisions  of  this  act  shall  not  be  so  construed  as 
to  relieve  any  soldier  from  the  charge  of  desertion  who  left  his  com- 
mand from  disaffection  or  disloyalty  to  the  Government,  or  to  evade 
the  dangers  and  hardships  of  the  service,  or  whilst  in  the  presence 


LAWS   GOVERNING  ARMY  AND   NAVY   PENSIONS.  103 

of  the  enemy  (not  being  sick  or  wounded) ,  or  while  in  arrest  or  under 
charges  for  breach  of  military  duty,  or  in  case  of  a  soldier  of  the 
Mexican  War,  who  did  not  actually  reach  the  seat  of  war. 

SEC.  8.  That  when  such  charge  of  desertion  is  removed  under  the 
provisions  of  this  act,  the  soldier  shall  be  restored  to  a  status  of  hon- 
orable Service,  his  military  record  shall  be  corrected  as  the  facts 
may  require,  and  an  honorable  discharge  shall  be  issued  in  those 
cases  where  the  soldier  has  received  none ;  and  he  shall  be  restored  to 
all  his  rights  as  to  pension,  pay,  or  allowances  as  if  the  charge  of 
desertion  had  never  been  made;  and  in  case  of  the  death  of  said  sol- 
dier, his  widow  or  other  legal  heir  shall  be  entitled  to  the  same  rights 
as  in  case  of  other  deceased  honorably  discharged  soldiers :  Provided, 
That  this  act  shall  not  be  construed  to  give  to  any  soldier,  or  his 
legal  representatives  or  heir,  any  pay  or  allowance  for  any  period  of 
time  he  was  absent  without  leave,  and  not  in  the  performance  of 
military  duty. 

SEC.  9.  That  all  applications  for  relief  under  this  act  shall  be  made 
to  and  filed  with  the  Secretary  of  War  within  the  period  of  three 
years  from  and  after  July  first,  eighteen  hundred  and  eighty-nine, 
and  all  applications  not  so  made  and  filed  within  said  term  of  three 
years  shall  be  forever  barred,  and  shall  not  be  received  or  con- 
sidered. 

SEC.  10.  That  all  acts  and  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

MINORS  RELEASED  BY  ORDER  OF  COURT. 
.    ACT  MARCH  2,  1891    (26  STAT.  L.,  824). 

That  subdivision  three  of  section  two  of  the  above  entitled  act  be, 
and  the  same  is,  amended  so  as  to  read  as  follows : a 

"  Third.  That  such  soldier  was  a  minor,  and  was  enlisted  without 
the  consent  of  his  parent  or  guardian,  and  was  released  or  discharged 
from  such  service  by  the  order  or  decree  of  any  State  or  United 
States  court  on  habeas  corpus  or  other  judicial  proceedings,  and  in 
such  case  such  soldier  shall  not  be  entitled  to  any  bounty  or  allow- 
ance, or  pay  for  any  time  such  soldier  was  not  in  the  performance  of 
military  duty." 

LIMITATION,  ACT  MARCH  2,  1889,  EXTENDED  TWO  YEARS. 
ACT  JULY  27,  1892   (27  STAT.  LM  278). 

That  section  nine  of  the  act  for  the  relief  of  certain  volunteer  and 
regular  soldiers  of  the  late  war  and  the  war  with  Mexico,  passed 
March  second,  anno  Domini  eighteen  hundred  and  eighty-nine,  be, 
and  the  same  is  hereby,  so  amended  as  to  extend  the  time  for  the  limi- 
tation of  the  operation  of  said  section  for  the  period  of  two  years 
from  the  first  of  July,  eighteen  hundred  and  ninety-two. 

1  Title  of  act :  An  act  to  amend  an  act  entitled  "An  act  for  the  relief  of  certain  vol- 
unteer and  regular  soldiers  of  the  late  war  and  the  war  with  Mexico,"  approved  Mar.  2, 
eighteen  hundred  and  eighty-nine.  (See  p.  101.) 

70942°— 17 8 


104  LAWS   GOVERNING  ARMY   AND  NAVY  PENSIONS. 

LIMITATION,   ACT   MARCH   2,    1889,   REMOVED. 
ACT  MARCH  2,  1895  (28  STAT.  L.,  814). 

That  section  nine  of  the  act  for  the  relief  of  certain  volunteer  and 
regular  soldiers  of  the  late  war  and  the  war  with  Mexico,  approved 
March  second,  eighteen  hundred  and  eighty-nine,  be,  and  the  same  is 
hereby,  so  amended  as  to  remove  the  limitation  of  time  within  which 
applications  for  relief  may  be  received  and  acted  upon  under  the 
provisions  of  said  act.1 

DESERTION   IN   TIME    OF   WAR   FORFEITS   PENSION. 
ACT  APRIL  26,  1898  (30  STAT.  L.,  365). 

SEC.  6.  That  in  time  of  war  the  pay  proper  of  enlisted  men  shall  be 
increased  twenty  per  centum  over  and  above  the  rates  of  pay  as  fixed 
by  law:  Provided,  That  in  war  time  no  additional  increased  com- 
pensation shall  be  allowed  to  soldiers  performing  what  is  known  as 
extra  or  special  duty:  Provided  further,  That  any  soldier  who  de- 
serts shall,  besides  incurring  the  penalties  now  attaching  to  the  crime 
of  desertion,  forfeit  all  right  to  pension  which  he  might  otherwise 
have  acquired. 

AMENDING  ACT  APRIL  26,   1898:   DESERTION. 
ACT  MAY  11,  1908   (35  STAT.  L.,  110). 

That  section  six  of  the  act  entitled  "An  act  for  the  better  organiza- 
tion of  the  line  of  the  Army  of  the  United  States,"  approved  April 
twenty-sixth,  eighteen  hundred  and  ninety-eight,  be  amended  so  as 
to  read  as  follows: 

"  SEC.  6.  That  any  soldier  who  deserts  shall,  besides  incurring  the 
penalties  now  attaching  to  the  crime  of  desertion,  forfeit  all  right  to 
pension  which  he  might  otherwise  have  acquired." 

That  nothing  herein  contained  shall  be  construed  so  as  to  reduce 
the  pay  or  allowances  now  authorized  by  law  for  any  officer  or  en- 
listed man  of  the  Army ;  and  all  laws  or  parts  of  laws  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

MODIFYING   CERTAIN    SPECIAL   ACTS   OF   SIXTY-FIRST    CONGRESS. 
JOINT  RESOLUTION  FEBRUARY  27,  1911  (36  STAT.  L.,  1458). 

That  in  all  laws  approved  during  the  Sixty-first  Congress  having 
for  their  object  the  removal  of  disabilities  accruing  from  defective 
records  in  the  military  or  naval  service  of  the  United  States,  the 
words  "Provided,  That,  other  than  as  above  set  forth,  no  bounty, 
pay,  pension,  or  other  emolument  shall  accrue  prior  to  or  by  reason 
of  the  passage  of  this  Act "  shall  not  prohibit  or  prevent  the  granting 
of  a  pension  on  an  application  made  after  the  approval  of  this  Act, 
and  accruing  only  from  the  date  of  said  application. 

1  Prior  laws  as  to  removal  of  the  charge  of  desertion  standing  against  Volunteers  and 
Regulars  serving  during  the  Civil  War  were  enacted  Aug.  7,  1882  (22  Stat.  L.,  347)  ; 
July  5,  1884  (23  Stat.  L.,  119)  ;  and  May  17,  1886  (24  Stat.  L.,  51),  and  reenacted  in  act 
Mar.  2,  1889. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  105 

SERVICE  TO  DATE  OF  DISBANDMENT. 
SECTION  4701,  REVISED  STATUTES. 

The  period  of  service  of  all  persons  entitled  to  the  benefits  of  the 
pension-laws,  or  on  account  of  whose  death  any  person  may  become 
entitled  to  a  pension,  shall  be  construed  to  extend  to  the  time  of  dis- 
banding the  organization  to  which  such  persons  belonged,  or  until 
their  actual  discharge  for  other  cause  than  the  expiration  of  the 
service  of  such  organization. 

HONORABLE   DISCHARGE   FOR    PENSIONABLE   PURPOSES. 
JOINT   RESOLUTION   JULY   1,   1902    (32   STAT.   L.,    750). 

SEC.  2.  That  in  the  administration  of  the  pension  laws  any  enlisted 
man  of  the  Army,  including  regulars,  volunteers,  and  militia,  or  any 
appointed  or  enlisted  man  of  the  Navy  or  Marine  Corps,  who  was 
honorably  discharged  from  the  last  contract  of  service  entered  into 
by  him  during  the  late  war  of  the  rebellion,  shall  be  held  and  con- 
sidered to  have  been  honorably  discharged  from  all  similar  contracts 
of  service  previously  entered  into  by  him  with  the  United  States  dur- 
ing said  war :  Provided,  That  such  enlisted  or  appointed  man  served 
not  less  than  six  months  under  said  last  enlistment  or  appointment, 
that  his  entire  service  under  said  last  enlistment  or  appointment  was 
faithful,  and  that  he  did  not  receive  by  reason  of  said  last  enlist- 
ment or  appointment  any  bounty  or  gratuity  other  than  from  the 
United  States  in  excess  of  that  to  which  he  would  have  been  entitled 
if  he  had  continued  to  serve  faithfully  until  honorably  discharged 
under  any  contract  of  service  previously  entered  into  by  him,  either 
in  the  Army,  Navy,  or  Marine  Corps,  during  the  war  of  the  rebellion. 

HONORABLE    DISCHARGE;    PROVISIONS   EXTENDED. 
JOINT  RESOLUTION  JUNE  28,  1906  (34  STAT.  L.,  836). 

That  section  two  of  joint  resolution  approved  July  first,  nineteen 
hundred  and  two,  be  amended  to  read  as  follows : 

"  SEC.  2.  That  in  the  administration  of  the  pension  laws  any  en- 
listed man  or  commissioned  officer  of  the  Army,  including  regulars, 
volunteers,  and  militia,  or  any  appointed  or  enlisted  man  or  commis- 
sioned officer  of  the  Navy  or  Marine  Corps,  who  was  honorably  dis- 
charged from  any  subsequent  contract  of  service  entered  into  by  him 
during  the  late  war  of  the  rebellion,  shall  be  held  and  considered 
to  have  been  honorably  discharged  from  all  previous  contracts  of 
service  as  commissioned  officer  or  enlisted  man  previously  entered 
into  by  him  with  the  United  States  during  said  war :  Provided,  That 
such  enlisted  or  appointed  man  or  commissioned  officer  served  not 
less  than  six  months  under  any  subsequent  enlistment,  appointment, 
or  commission;  that  his  entire  service  under  any  said  subsequent 
enlistment,  appointment,  or  commission  was  faithful,  and  that  he 
did  not  receive  by  reason  of  said  enlistment,  appointment,  or  com- 
mission any  bounty  or  gratuity  other  than  from  the  United  States  in 
excess  of  that  to  which  he  would  have  been  entitled  if  he  had  contin- 
ued to  serve  faithfully  until  honorably  discharged  under  any  contract 
of  service  previously  entered  into  by  him,  either  in  the  Army,  Navy, 
or  Marine  Corps,  during  the  war  of  the  rebellion. 


106  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

STATUS   OF   VOLUNTEERS. 
ACT  APRIL  22,  1898   (30  STAT.  L.,  361). 

SEC.  12.  That  all  officers  and  enlisted  men  of  the  Volunteer  Army, 
and  of  the  militia  of  the  States  when  in  the  service  of  the  United 
States,  shall  be  in  all  respects  on  the  same  footing  as  to  pay,  allow- 
ances, and  pensions  as  that  of  officers  and  enlisted  men  of  correspond- 
ing grades  in  the  Regular  Army. 

STATUS    OF  MERCHANT-MARINE    SERVICE. 
ACT  MAY  28,  1896   (29  STAT.  L.,  189). 

*  *  *  No  master,  mate,  pilot, 'or  engineer  of  steam  vessels 
licensed  under  title  fifty-two  of  the  Revised  Statutes  shall  be  liable  to 
draft  in  time  of  War,  except  for  the  performance  of  duties  such  as 
required  by  his  license;  and,  while  performing  such  duties  in  the 
service  of  the  United  States,  every  such  master,  mate,  pilot,  or  engi- 
neer shall  be  entitled  to  the  highest  rate  of  wages  paid  in  the  mer- 
chant marine  of  the  United  States  for  similar  services;  and  if  killed 
or  wounded  while  performing  such  duties  under  the  United  States, 
they,  or  their  heirs,  or  their  legal  representatives  shall  be  entitled  to 
all  the  privileges  accorded  to  soldiers  and  sailors  serving  in  the 
Army  and  Navy,  under  the  pension  laws  of  the  United  States. 

EMPLOYMENT  IN  CIVIL  SERVICE  NO  BAR  TO  PENSION. 
ACT  MARCH  1,  1S79   (20  STAT.  L.,  327). 

That  all  persons  who,  under  and  by  virtue  of  the  first  section  of 
the  act  entitled  "An  act  supplementary  to  the  several  acts  relating 
to  pensions,"  approved  March  third,  eighteen  hundred  and  sixty-five, 
were  deprived  of  their  pensions  during  any  portion  of  the  time  from 
the  third  of  March,  eighteen  hundred  and  sixty-five,  to  the  sixth  of 
June,  eighteen  hundred  and  sixty-six,  by  reason  of  their  being  in 
the  civil  service  of  the  United  States,  shall  be  paid  their  said  pen- 
sions, withheld  by  virtue  of  said  section  of  the  act  aforesaid,  for 
and  during  the  said  period  of  time  from  the  third  of  March,  eighteen 
hundred  and  sixty-five,  to  the  sixth  of  June,  eighteen  hundred  and 
sixtv-six. 

STATUS  OF   ARMY   PAYMASTERS'    CLERKS. 
ACT  MARCH  3,  1911  (36  STAT.  L.,  1044). 

Hereafter  the  pay  and  allowances  of  Army  paymasters'  clerks  shall 
be  the  same  as  provided  by  law  for  Navy  paymasters'  clerks  on  shore 
duty,  and  they  shall  also  be  entitled  to  the  same  right  of  retirement 
with  the  same  retired  pay  as  is  now  allowed  Navy  paymasters'  clerks : 
Provided,  That  Army  paymasters'  clerks  shall  be  subject  to  the  rules 
and  articles  of  war. 

REMUSTER  OF  OFFICERS. 
ACT  FEBRUARY   24,   1897    (29   STAT.   L.,   593). 

SECTION  1.  That  any  person  who  was  duly  appointed  or  commis- 
sioned to  be  an  officer  of  the  volunteer  service  during  the  war  of  the 
rebellion,  and  who  was  subject  to  the  mustering  regulations  at  the 


LAWS  GOVERNING  AEMY  AND   NAVY  PENSIONS.  107 

time  applied  to  members  of  the  volunteer  service  shall  be  held  and 
considered  to  have  been  mustered  into  the  service  of  the  United 
States  in  the  grade  named  in  his  appointment  or  commission  from 
the  date  from  which  he  was  to  take  rank  under  and  by  the  terms  of 
his  said  appointment  or  commission,  whether  the  same  was  actually 
received  by  him  or  not,  and  shall  be  entitled  to  pay,  emoluments,  and 
pension  as  if  actually  mustered  at  that  date:  Provided,  That  at  the 
date  from  which  he  was  to  take  rank  by  the  terms  of  his  said  appoint- 
ment or  commission  there  was  a  vacancy  to  which  he  could  be  so 
appointed  or  commissioned,  and  his  command  had  either  been  re- 
cruited to  the  minimum  number  required  by  law  and  the  regulations 
of  the  War  Department,  or  had  been  assigned  to  duty  in  the  field, 
and  that  he  was  actually  performing  the  duties  of  the  grade  to  which 
he  was  so  appointed  or  commissioned;  or  if  not  so  performing  such 
duties,  then  he  shall  be  held  and  considered  to  have  been  mustered 
into  service  and  to  be  entitled  to  the  benefits  of  such  muster  from 
such  time  after  the  date  of  rank  given  in  his  commission  as  he  may 
have  actually  entered  upon  such  duties :  Provided  further,  That  any 
person  held  as  a  prisoner  of  war,  or  who  may  have  been  absent  by 
reason  of  wounds,  or  in  hospital  by  reason  of  disability  received  in 
the  service  in  the  line  of  duty,  at  the  date  of  issue  of  his  appoint- 
ment or  commission,  if  a  vacancy  existed  for  him  in  the  grade  to 
which  so  appointed  or  commissioned,  shall  be  entitled  to  all  the 
benefits  to  which  he  would  have  been  entitled  under  this  Act  if  he 
had  been  actually  performing  the  duties  of  the  grade  to  which  he 
was  appointed  or  commissioned  at  said  date:  Provided  further, 
That  this  Act  shall  be  construed  to  apply  only  in  those  cases  where 
the  commission  bears  date  prior  to  June  twentieth,  eighteen  hundred 
and  sixty-three,  or  after  that  date  when  the  commands  of  the  persons 
appointed  or  commissioned  were  not  below  the  minimum  number 
required  by  then  existing  laws  and  regulations. 

SEC.  2.  That  the  heirs  or  legal  representatives  of  any  person  whose 
muster  into  service  shall  be  recognized  and  established  under  the 
terms  of  this  Act  shall  be  entitled  to  receive  the  arrears  of  pay  and 
emoluments  due,  and  the  pension,  if  any,  authorized  by  law,  for  the 
grade  to  which  recognition  shall  be  so  extended. 

SEC.  3.  That  the  pay  and  allowances  of  any  rank  or  grade  paid  to 
and  received  by  any  military  or  naval  officer  in  good  faith  for  serv- 
ices actually  performed  by  such  officer  in  such  rank  or  grade  during 
the  war  of  the  rebellion,  other  than  as  directed  in  the  fourth  proviso 
of  the  first  section  of  this  Act,  shall  not  be  charged  to  or  recovered 
back  from  such  officer  because  of  any  defect  in  the  title  of  such  officer 
to  the  office,  rank,  or  grade  in  which  such  services  were  so  actually 
performed. 

SEC.  4.  That  all  acts  and  parts  of  acts  inconsistent  with  the  provi- 
sions of  this  Act  be,  and  the  same  are  hereby,  repealed.1 

i  See  limitation  imposed  by  act  April  19,  1910  (36  Stat.  L.,  324).  Prior  acts  relat- 
ing to  muster,  remuster,  and  pay  of  certain  officers  and  enlisted  men  of  the  volunteer 
forces  in  the  Civil  War;  joint  resolution  July  26,  186(5  (14  Stat.  L.,  368);  joint  reso- 
lution July  11,  1870  (16  Stat.  L.,  385)  ;  act  June  3,  1884  (23  Stat.  L.,  34)  ;  act  Feb.  3.. 
1887  (24  Stat.  L.,  377). 


108  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

COPIES  OF  RECORDS  TO  BE  FURNISHED;   FEES. 
ACT  AUGUST  24,  1912  (37  STAT.  L.,  497). 

SECTION  1.  That  the  Secretary  of  the  Interior,  the  head  of  any 
bureau,  office,  or  institution,  or  any  officer  of  that  department,  may, 
when  not  prejudicial  to  the  interests  of  the  Government,  furnish 
authenticated  or  unauthenticated  copies  of  any  official  books,  records, 
papers,  documents,  maps,  plats,  or  diagrams  within  his  custody,  and 
charge  therefor  the  following  fees:  For  all  written  copies,  at  the 
rate  of  fifteen  cents  for  each  hundred  words  therein ;  for  each  photo- 
lithographic copy,  twenty-five  cents  where  such  copies  are  authorized 
by  law;  for  photographic  copies,  fifteen  cents  for  each  sheet;  and 
for  tracings  or  blue  prints  the  cost  of  the  production  thereof  to  be 
determined  by  the  officer  furnishing  such  copies,  and  in  addition  to 
these  fees  the  sum  of  twenty-five  cents  shall  be  charged  for  each 
certificate  of  verification  and  the  seal  attached  to  authenticated 
copies:  Provided,  That  there  shall  be  no  charge  for  the  making  or 
verification  of  copies  required  for  official  use  by  the  officers  of  any 
branch  of  the  Government:  Provided  further,  That  only  a  charge  of 
twenty-five  cents  shall  be  made  for  furnishing  authenticated  copies 
of  any  rules,  regulations,  or  instructions  printed  by  the  Government 
for  gratuitous  distribution. 

SEC.  2.  That  nothing  in  this  Act  shall  be  construed  to  limit  or  re- 
strict in  any  manner  the  authority  of  the  Secretary  of  the  Interior  to 
prescribe  such  rules  and  regulations  as  he  may  deem  proper  govern- 
ing the  inspection  of  the  records  of  said  department  and  its  various 
bureaus  by  the  general  public,  and  any  person  having  any  particular 
interest  in  any  of  such  records  may  be  permitted  to  take  copies  of 
such  records  under  such  rules  and  regulations  as  may  be  prescribed 
by  the  Secretary  of  the  Interior. 

*  SEC.  3.  That  all  authenticated  copies  furnished  under  this  Act  shall 
be  admitted  in  evidence  equally  with  the  originals  thereof. 

SEC.  4.  That  all  officers  who  furnish  authenticated  copies  under 
this  Act  shall  attest  their  authentication  by  the  use  of  an  official  seal, 
which  is  hereby  authorized  for  that  purpose.1 

SEC.  6.  That  all  sums  received  under  the  provisions  of  this  Act 
shall  be  deposited  in  the  Treasury  to  the  credit  of  miscellaneous 
receipts. 

The  following  sections  in  this  chapter  consist  of  excerpts  from  an 
office  publication  not  available  for  general  distribution,  and  the  num- 
bers of  sections  correspond  with  the  numbers  of  sections  in  that 
publication : 

TABLE  OF  RATES. 

410.  TABLE  I. — For  simple  total  (a  disability  equivalent  to  the  an- 
chylosis of  a  wrist)  provided  by  section  4.695,  Revised  Statutes, 
United  States. 

ARMY. 

Per  month. 

Lieutenant  colonel  and  all  officers  of  higher  rank $30.  00 

Major,  surgeon,  and  paymaster 25.00 

Captain,   provost  marshal,  and   chaplain 20. 00 

1  Section  5  has  no  application  to  the  Bureau  of  Pensions. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  109 

Per  month. 

First  lieutenant,  assistant  surgeon,  deputy  provost  marshal,  and  quarter- 
master  $17.00 

Second  lieutenant  and  enrolling  officer 15.  00 

All  enlisted  men 8.00 

NAVY  AND  MARINE  CORPS. 

Captain,  and  all  officers  of  higher  rank,  commander,  lieutenant  com- 
manding, and  master  commanding,  surgeon,  paymaster,  and  chief 
engineer  ranking  with  commander  by  law,  lieutenant  colonel,  and  all 
of  higher  rank  in  Marine  Corps 30.  00 

Lieutenant,  passed  assistant  surgeon,  surgeon,  paymaster,  and  chief 

engineer  ranking  with  lieutenant  by  law,  and  major  in  Marine  Corps-  25.  00 

Master  (now  lieutenant,  junior  grade),  professor  of  mathematics,  assist- 
ant surgeon,  assistant  paymaster,  and  chaplain,  and  captain  in 
Marine  Corps 20.  00 

First  lieutenant  in  Marine  Corps 17.00 

First  assistant  engineer,  ensign,  and  pilot,  and  second  lieutenant  in 

Marine  Corps 15.  00 

Cadet  midshipmen,  passed  midshipmen,  midshipmen  clerks  of  admirals, 
of  paymasters,  and  of  officers  commanding  vessels,  second  and  third 
assistant  engineers,  master's  mate,  and  warrant  officers 10.  00 

All  enlisted  men,  except  warrant  officers — 8.00 


110 


LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS. 


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8 

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Disabilities. 

Loss  of  both  hands  

"Loss  of  both  feat 

Loss  of  sight  of  both  eyes  
Loss  of  sight  of  one  eve,  the 
sight  of  the  other  having 
been  lost  before  enlistment.  . 
Loss  of  one  hand  and  one  foot  . 
Loss  of  a  hand  or  a  foot  
Loss  of  an  arm  at  or  above  the 
elbow  or  a  leg  at  or  above  the 

Loss  of  either  a  leg  at  the  hip 
joint  or  an  arm  at  the  shoul- 
der joint,  or  so  near  as  to  pre- 
vent the  use  of  an  artificial 
limb  

nip  joint  
n  at  shoulder  joint 
ty  in  both  hands  . 

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LAWS  GOVERNING  AEMY  AND  NAVY  PENSIONS.  Ill 

412.  TABLE  III. — Rates  -fixed  ~by  the  Commissioner  of  Pensions  far 
certain  disabilities  not  specified  ~by  law. 

Per  month. 

Anchylosis  of  shoulder $12.  00 

Anchylosis  of  elbow 10.  00 

Anchylosis  of  knee 10.  00 

Anchylosis  of  ankle 8.  00 

Anchylosis  of  wrist 8.  00 

Loss  of  sight  of  one  eye 12.  00 

Loss  of  one  eye 17.  00 

Nearly  total  deafness  of  one  ear 6.00 

Total  deafness  of  one  ear 10.  00 

Slight  deafness  of  both  ears 6.  00 

Severe  deafness  of  one  ear  and  slight  of  the  other 10.  00 

Nearly  total  deafness  of  one  ear  and  slight  of  the  other 15.  00 

Total  deafness  of  one  ear  and  slight  of  the  other 20.  00 

Severe  deafness  of  both  ears 22.  00 

Total  deafness  of  one  ear  and  severe  of  the  other 25.  00 

Deafness  of  both  ears  existing  in  a  degree  nearly  total 27.  00 

Loss  of  palm  of  hand,  and  all  the  fingers,  the  thumb  remaining 17.  00 

Loss  of  thumb,  index,  middle,  and  ring  fingers 17.  00 

Loss  of  thumb,  index,  and  middle  fingers 16.  00 

Loss  of  thumb  and  index  finger 12.  00 

Loss  of  thumb  and  little  finger 10.  00 

Loss  of  thumb,  index,  and  little  fingers 16.  00 

Loss  of  thumb 8.  00 

Loss  of  thumb  and  metacarpal  bone 12.  00 

Loss  of  all  the  fingers,  thumb  and  palm  remaining 16.00 

Loss  of  index,  middle,  and  ring  fingers 16.  00 

Loss  of  middle,  ring,  and  little  fingers 14.  00 

Loss  of  index  and  middle  fingers 8.  00 

Loss  of  little  and  middle  fingers 8.  00 

Loss  of  little  and  ring  fingers 6.  00 

Loss  of  ring  and  middle  fingers 6.  00 

Loss  of  index  finger 4.  00 

Loss  of  any  other  finger  without  complications 2.  00 

Loss  of  all  the  toes  of  one  foot 10.  00 

Loss  of  great,  second,  and  third  toes —  8.  00 

Loss  of  great  toe  ana  metatarsal 8.00 

Loss  of  great  and  second  toes 8.  00 

Loss  of  great  toe 6.  00 

Loss  of  any  other  toe  and  metatarsal 6.  00 

Loss  of  any  other  toe 2.  00 

Chopart's  amputation  of  foot,  with  good  results 14.  00 

Pirogoff  s  modification  of  Syme's 17.  00 

Small  varicocele no  rate 

Well-marked  varicocele no  fixed  rate 

Inguinal  hernia,  which  passes  through  the  external  ring 10.  00 

Inguinal  hernia,  which  does  not  pass  through  the  external  ring 6.  00 

Double  inguinal  hernia,  each  of  which  passes  through  the  external  ring__  14.  00 
Double  inguinal  hernia,  one  of  which  passes  through  the  external  ring 

and  other  does  not 12.00 

Double  inguinal  hernia,  neither  of  which  passes  through  the  external 

ring 8.00 

Femoral  hernia - 10.  00 

Section  4699,  Revised  Statutes,  provides  that  the  rate  of  $18  per  month  may 
be  proportionately  divided  for  any  degree  of  disability  established  for  which 
section  4695  makes  no  provision. 

The  act  of  August  27,  1888,  provides  a  $30  rate  for  total  deafness  and 
authorizes  the  Secretary  of  the  Interior  to  grant  such  proportion  thereof  in 
cases  of  partial  deafness  as  he  may  deem  equitable.  Act  January  15,  1903, 
increases  rate  for  total  deafness  to  $40.  Rates  on  partial  degrees  not  affected. 

The  act  of  March  2,  1895,  provides  that  "All  pensioners  now  on  the  rolls, 
who  are  pensioned  at  less  than  six  dollars  per  month,  for  any  degree  of  pen- 
sionable disability,  shall  have  their  pensions  increased  to  six  dollars  per  month ; 


112  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

and  that,  hereafter,  whenever  any  applicant  for  pension  would,  under  existing 
rates,  be  entitled  to  less  than  six  dollars  for  any  single  disability  or  several 
combined  disabilities,  such  pensioner  shall  be  rated  at  not  less  than  six  dollars 
per  month :  Provided  also,  That  the  provisions  hereof  shall  not  be  held  to  cover 
any  pensionable  period  prior  to  the  passage  of  this  act,  nor  authorize  a  rerating 
of  any  claim  for  any  part  of  such  period,  nor  prevent  the  allowance  of  lower 
rates  than  six  dollars  per  month,  according  to  the  existing  practice  in  the 
Pension  Office  in  pending  cases  covering  any  pensionable  period  prior  to  the 
passage  of  this  act." 

413.  TABLE  IV. — Miscellaneous  rates. 

INVALID. 

Indian  wars:  Per  mouth. 

Acts  July  27,  1892,  June  27,  1902,  and  May  30,  1908 $8.  00 

Act  of  Feb.  19,  1913 20.  00 

Mexican  War: 

Act  Jan.  29,  1887 8.00 

Acts  Jan.  5,  1893,  and  Apr.  23,  1900,  certain  survivors 12.  00 

Act  Mar.  3,  1903,  all  survivors 12.  00 

Act  Feb.  6,  1907— 

At  62  years 12.00 

At  70  years 15.00 

At  75  years  or  over 20.00 

Act  of  May  11,  1912 30.00 

Civil  War: 

Act  June  27,  1890,  in  its  original  form,  and  also  as  amended  by 

the  act  of  May  9,  1900 6.  00-12.  00 

Act  Feb.  6,  1907— 

At  62  years 12.00 

At  70  years 15.  00 

At  75  years  or  over 20.  00 

Act  of  May  11,  1912.     (See  sec.  44.1,  p.  13G.) 
Army  nurses: 

Act  Aug.  5,  1892 12.00 

Navy  service  pensions: 

Section  4756,  Revised  Statutes,  for  20  years'  service,  one-half 

the  pay  of  rating  at  discharge. 

Section  4757,  Revised  Statutes,  for  10  years'  service,  not  to  ex- 
ceed the  rate  for  total  disability. 
(See  sec.  451,  p.  137.) 

WIDOWS  AND    MINORS. 

Revolutionary  War: 

Act  Mar.  9,  1878,  widows  only 8.00 

Act  Mar.  19,  1886,  widows  only 12.  00 

War  of  1812 : 

Act  Mar.  9,  1878,  widows  only S.  00 

Act  Mar.  19,  1886,  widows  only 12.  00 

Indian  wars: 

Acts  July  27,  1892,  June  27,  1902.  and  May  ::«).   l'.)OX.  widows 

only 8.00 

Act  Apr.  19,  1908,  sec.  1,  widows  only 12.  00 

Mexican  War : 

Act  Jan.  29,  1887.  widows  only 8.00 

Act  Apr.  19,  1908,  sec.  1,  widows  only 12.  00 

Civil  War: 

Section   4702,    R.    S.,    widows   and   minors,   same    rates    as    in 
Table  1. 

Act  Mar.  19,  1886,  widows  and  minors 12.  00 

Act  June  27,  1890,  in  its  original  form,  and  as  amended  by  the 

act  of  May  9,  1900 8.00 

Act  Apr.  19,  1908__  12.  00 

From  and  after  July  25,  1866,  a  widow  is  entitled,  under  the  provisions  of 
section  4703,  Revised  Statutes,  to  the  sum  of  $2  per  month  additional  on  ac- 
count of  each  legitimate  minor  child  of  the  deceased  soldier  or  sailor  (in  her 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  113 

care  and  custody,  if  by  his  former  marriage)  until  such  child  reaches  the  age 
of  16  years.  Where  the  widow  has  died,  remarried,  or  has  no  title,  the  minor 
children  under  1G  years  of  age  succeed  to  the  widow's  rights. 

In  claims  under  the  act  of  June  27,  1890,  both  in  its  original  and  amended 
forms,  the  additional  pension  of  $2  per  month  is  granted.  In  addition  provi 
sion  is  made  in  said  act  for  the  continuance  of  pension  granted  to  an  insane, 
idiotic,  or  otherwise  physically  or  mentally  helpless  minor  child,  during  its  life, 
or  during  the  period  of  disability.  This  proviso  is  applicable  to  minors'  claims 
under  any  statute. 

DEPENDENT  RELATIVES. 

Section  4707,  Revised  Statutes,  in  its  original  form,  and  as  amended  by 

sec.  1,  act  June  27,  1890,  same  rates  as  in  Table  1. 
Act  Mar.  19,  1886 $12.  00 

414.    RATES   FOR   OFFICERS,    SECTIONS    4692    AND    4693,   REVISED    STATUTES. 

Kates  for  officers  in  claims  under  sections  4692  and  4693,  Revised  Statutes, 
shall  be  one-quarter,  one-half,  three-quarters,  and  total.  Officers  below  the 
rank  of  first  lieutenant  may  receive  rates  in  fractions  of  eighteen  in  excess  of 
their  total. 


CHAPTER  X. 


CRIMES. 

STATUTE  OF  LIMITATIONS. 
SECTION   1044,   REVISED   STATUTES. 

No  person  shall  be  prosecuted,  tried  or  punished  for  any  offense 
not  capital,  except  as  provided  in  section  one  thousand  and  forty-six, 
unless  the  indictment  is  found,  or  the  information  is  instituted  within 
three  years  next  after  such  offense  shall  have  been  committed.  But 
this  act  shall  not  have  effect  to  authorize  the  prosecution,  trial  or 
punishment  for  any  offense,  barred  by  the  provisions  of  existing  laws.1 

FLEEING  FROM  JUSTICE. 
SECTION   1045,   REVISED   STATUTES. 

"Nothing  in  the  two  preceding  sections  shall  extend  to  any  person 
fleeing  from  justice.2 

PENALTY  FOR  RETAINING  PAPERS. 
ACT  MAY  21,  1872  (17  STAT.  L.,  137). 

That  any  claim-agent,  attorney,  or  other  person  engaged  in  the 
collection  of  claims  for  pay,  bounty,  pension,  or  other  allowances  for 
any  soldier,  sailor,  or  marine,  or  for  any  commissioned  officer  of  the 
military  or  naval  forces,  or  who  may  have  been  a  soldier,  sailor, 
marine,  or  officer  of  the  regular  or  volunteer  forces  of  the  United 
States,  and  honorably  discharged,  who  shall  retain,  without  the 
consent  of  the  owner  or  owners  thereof,  or  shall  refuse  to  deliver  or 
account  for  the  same  upon  demand  duly  made  by  the  owner  or  owners 
thereof,  or  by  their  agent  or  attorney,  the  discharge-papers  or  land- 
warrant  of  any  such  soldier,  sailor,  or  marine,  or  commissioned  officer, 
which  may  have  been  placed  in  his  hands  for  the  purpose  of  col- 
lecting said  claims,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction,  be  punished  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  not  exceeding  six  months,  or  both, 
at  the  discretion  of  the  court,  and  shall  thereafter  be  debarred  from 
prosecuting  any  such  claim  in  any  executive  department  of  the  Gov- 
ernment. 

PLEDGE    OR    TRANSFER   OF   PENSION    VOID;    PENALTY. 

ACT   FEBRUARY  28,   1883.    AMENDING    SECTION   4745,    REVISED    STAT- 
UTES   (22    STAT.    L.,   432). 

SEC.  4745.  Any  pledge,  mortgage,  sale,  assignment,  or  transfer  of 
any  right,  claim,  or  interest  in  any  pension  which  has  been,  or  may 


1  Sec.  1046  relates  to  the  revenue  laws. 

2  Sec.  1043  relates  to  capital  offenses. 


114 


LAWS   GOVERNING   ARMY  AND   NAVY   PENSIONS.  115 

hereafter  be,  granted,  shall  be  void  and  of  no  effect,  and  any  person 
who  shall  pledge,  or  receive  as  a  pledge,  mortgage,  sale,  assignment 
or  transfer  of  any  right,  claim,  or  interest  in  any  pension,  or  pension 
certificate,  which  has  been,  or  may  hereafter  be  granted  or  issued,  or 
who  shall  hold  the  same  as  collateral  security  for  any  debt,  or  promise, 
or  upon  any  pretext  of  such  security,  or  promise,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars  and  the  costs  of  the  prosecution; 
and  any  person  who  shall  retain  the  certificate  of  a  pensioner  and 
refuse  to  surrender  the  same  upon  the  demand  of  the  Commissioner 
of  Pensions,  or  a  United  States  pension  agent,  or  any  other  person 
authorized  by  the  Commissioner  of  Pensions  or  the  pensioner  to 
receive  the  same  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars 
and  the  costs  of  the  prosecution. 

ILLEGAL  FEES;   PENALTY. 
ACT  JULY  4,  1884   (23  STAT.  L.,  99). 

That  section  forty-seven  hundred  and  eighty-six  of  the  Revised 
Statutes  is  hereby  amended  so  as  to  read  as  follows : 

"  SEC.  4.  *  *  Any  agent  or  attorney  or  other  person  instru- 

mental in  prosecuting  any  claim  for  pension  or  bounty  land,  who 
shall  directly  or  indirectly  contract  for,  demand  or  receive  or  retain 
any  greater  compensation  for  his  services  or  instrumentality  in  prose- 
cuting a  claim  for  pension  or  bounty  land  than  is  herein  provided, 
or  for  payment  thereof  at  any  other  time  or  in  any  other  manner 
than  is  herein  provided,  or  who  shall  wrongfully  withhold  from  a 
pensioner  or  claimant  the  whole  or  any  part  of  the  pension  or  claim 
allowed  and  due  such  pensioner  or  claimant,  or  the  land  warrant 
issued  to  any  such  claimant,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  for  every  such  offense  be  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  at  hard  labor  not  ex- 
ceeding two  years,  or  both,  in  the  discretion  of  the  court." 

ILLEGAL  FEES;   WITHHOLDING  PENSION;    PENALTY. 
ACT  JUNE  27,  1890    (26  STAT.  L.,  183). 

SEC.  4.  That  no  agent,  attorney,  or  other  person  engaged  in  pre- 
paring, presenting,  or  prosecuting  any  claim  under  the  provisions  of 
this  act  shall,  directly  or  indirectly,  contract  for,  demand,  receive, 
or  retain  for  such  services  in  preparing,  presenting,  or  prosecuting 
such  claim  a  sum  greater  than  ten  dollars,  which  sum  shall  be  payable 
only  upon  the  order  of  the  Commissioner  of  Pensions,  by  the  pension 
agent  making  payment  of  the  pension  allowed,  and  any  person  who 
shall  violate  any  of  the  provisions  of  this  section,  or  who  shall  wrong- 
fully withhold  from  a  pensioner  or  claimant  the  whole  or  any  part 
of  a  pension  or  claim  allowed  or  due  such  pensioner  or  claimant  under 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall,  for  each  and  every  such  offence,  be  fined  not  ex- 
ceeding five  hundred  dollars,  or  be  imprisoned  at  hard  labor  not 
exceeding  two  years,  or  both,  in  the  discretion  of  the  court. 


116  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

EMBEZZLEMENT  OF  PENSION  MONEY. 

ACT  FEBRUARY  10,  1891,  AMENDING  SECTIONS  4783  AND  5486,  REVISED 
STATUTES   (26  STAT.  L.,  746). 

"  Every  guardian,  conservator,  curator,  committee,  tutor,  or  other 
person  having  charge  and  custody  in  a  fiduciary  capacity  of  the 
pension  of  his  ward,  who  shall  embezzle  the  same  in  violation  of  his 
trust,  or  fraudulently  convert  the  same  to  his  own  use,  shall  be 
punished  by  fine  not  exceeding  two  thousand  dollars  or  imprison- 
ment at  hard  labor  for  a  term  not  exceeding  five  years,  or  both,  at 
the  discretion  of  the  court." 

FEES  IN  CERTAIN   CA§ES;    PENALTY  FOR   ILLEGAL  FEE. 
ACT  MARCH  3,  1891   (26  STAT.  L.,  1082). 

Hereafter  no  agent  or  attorney  shall  demand,  receive,  or  be  allowed 
any  compensation  under  existing  law  exceeding  two  dollars  in  any 
claim  for  increase  of  pension  on  account  of  the  increase  of  the  dis- 
ability for  which  the  pension  has  been  allowed,  or  for  services  ren- 
dered in  securing  the  passage  of  any  special  act  of  Congress  grant- 
ing a  pension  or  an  increase  of  pension  in  any  case  that  has  been 
presented  at  the  Pension  Office  or  is  allowable  under  the  general  pen- 
sion laws:1  And  provided  further,  That  any  agent,  attorney,  or  other 
person  instrumental  in  prosecuting  any  claim  for  increase  of  pension 
on  account  of  the  increase  of  disability  for  which  pension  was 
allowed,  or  who  has  rendered  services  in  procuring  the  passage  of 
any  special  act  of  Congress  granting  a  pension  or  an  increase  of 
pension  in  any  case  that  has  been  presented  at  the  Pension  Office 
or  is  allowable  under  the  general  pension  laws,  who  shall  directly  or 
indirectly  contract  for,  demand,  receive,  or  retain  any  compensation 
for  such  services,  except  as  hereinbefore  provided,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall,  for  each 
and  every  such  offense,  be  fined  not  exceeding  five  hundred  dollars 
or  imprisoned,  not  exceeding  two  years  or  both,  in  the  discretion 
of  the  court:  Provided,  however,  That  the  foregoing  provisions  in 
relation  to  fees  of  agents  or  attorneys  shall  not  apply  to  any  case 
now  pending  where  there  is  an  existing  lawful  contract  express  or 
implied. 

NO  FEE;   PENALTY. 
ACT  AUGUST  5,  1892  (27  STAT.  L.,  349). 

SEC.  2.  That  no  fee,  compensation,  or  allowance  shall  be  paid  to, 
received,  or  accepted  by  any  agent,  attorney,  or  other  person  instru- 
mental in  the  prosecution  of  any  claim  for  pension  under  this  act; 
and  any  person  who  may  make  any  claim  upon  any  applicant  for 
any  fee,  compensation,  or  allowance  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  imprisoned  at  hard  labor  not  exceeding  one  year,  or  both, 
in  the  discretion  of  the  court ;  and  it  shall  be  the  duty  of  the  Interior 
and  War  Departments  to  render  all  proper  aid  to  applicants  under 
this  act. 

1  See  act  May  28,  190S.  p.  117. 


LAWS  GOVERNING  AKMY  AND  NAVY  PENSIONS.  117 

FALSE   OR  FRAUDULENT  AFFIDAVIT;   POSTDATING  VOUCHER, 

ACT  JULY  7,  1898,  AMENDING  SECTION  4746,  REVISED  STATUTES    (30 

STAT.  L.,  718). 

(4746)  "That  every  person  who  knowingly  or  willfully  makes _ 
or  aids,  or  assists  in  the  making,  or  in  any  wise  procures  the  making 
or  presentation  of  any  false  or  fraudulent  affidavit,  declaration, 
certificate,  voucher,  or  paper  or  writing  purporting  to  be  such,  con- 
cerning any  claim  for  pension  or  payment  thereof,  or  pertaining  to 
any  other  matter  within  the  jurisdiction  of  the  Commissioner  of 
Pensions  or  of  the  Secretary  of  the  Interior,  or  who  knowingly  or 
willfully  makes  or  causes  to  be  made,  or  aids  or  assists  in  the  mak- 
ing, or  presents  or  causes  to  be  presented  at  any  pension  agency  any 
power  of  attorney  or  other  paper  required  as  a  voucher  in  drawing 
a  pension,  which  paper  bears  a  date  subsequent  to  that  upon  which  it 
was  actually  signed  or  acknowledged  by  the  pensioner,  and  every 
person  before  whom  any  declaration,  affidavit,  voucher,  or  other 
paper  or  writing  to  be  used  in  aid  of  the  prosecution  of  any  claim 
for  pension  or  bounty  land  or  payment  thereof  purports  to  have  been 
executed  who  shall  knowingly  certify  that  the  declarant,  affiant,  or 
witness  named  in  such  declaration,  affidavit,  voucher,  or  other  paper 
or  writing  personally  appeared  before  him  and  was  sworn  thereto, 
or  acknowledged  the  execution  thereof,  when,  in  fact,  such  declarant, 
affiant,  or  witness  did  not  personally  appear  before  him  or  was  not 
sworn  thereto,  or  did. not  acknowledge  the  execution  thereof,  shall  be 
punished  by  a  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment for  a  term  of  not  more  than  five  years." 

ATTORNEYS'  FEES;   PENALTY  FOR  ILLEGAL  FEE. 
ACT  APRIL  19,  1908  (35  STAT.  L.,  64). 

That  no  claim  agent  or  attorney  shall  be  recognized  in  the  ad- 
judication of  claims  under  the  first  section  of  this  Act,  and  that  no 
agent,  attorney,  or  other  person  engaged  in  preparing,  presenting,  or 
prosecuting  any  claim  under  the  provisions  of  the  second  section  of 
this  Act  shall,  directly  or  indirectly,  contract  for,  demand,  receive,  or 
retain  for  such  services  in  preparing,  presenting,  or  prosecuting  such 
claim  a  sum  greater  than  ten  dollars,  which  sum  shall  be  payable  only 
upon  the  order  of  the  Commissioner  of  Pensions  by  the  pension 
agent  making  payment  of  the  pension  allowed;  and  any  person  who 
shall  violate  any  of  the  provisions  of  this  section  or  who  shall  wrong- 
fully withhold  from  the  pensioner  or  claimant  the  whole  or  any 
part  of  a  pension  or  claim  allowed  or  due  such  pensioner  or  claimant 
under  this  Act  shall  be  deeme'd  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall,  for  each  and  every  such  offense,  be  fined 
not  exceeding  five  hundred  dollars  or  be  imprisoned  at  hard  labor 
not  exceeding  two  years,  or  both,  in  the  discretion  of  the  court. 

SPECIAL-ACT  PENSIONS;  ILLEGAL  FEE;   PENALTY. 
ACT  MAY  28,  1908   (35  STAT.  L.,  419). 

That  hereafter  no  pension  attorney,  claim  agent,  or  other  person 
shall  be  entitled  to  receive  any  compensation  for  services  rendered 
in  securing  the  introduction  of  a  bill  or  the  passage  thereof  through 


118  LAWS   GOVERNING  ARMY   AND   NAVY   PENSIONS. 

Congress  granting  pension  or  increase  of  pension,  and  any  person 
who  shall,  directly  or  indirect!}^  contract  for,  demand,  receive,  or 
retain  any  compensation  for  such  services  shall  be  deemed  guilty  of 
an  offense,  and  upon  conviction  thereof  shall,  for  each  and  every  such 
offense,  be  fined  not  exceeding  five  hundred  dollars  or  imprisoned 
not  exceeding  two  years,  or  both,  in  the  discretion  of  the  court. 

CRIMINAL  CODE. 
ACT  MARCH  4,  1909  (35  STAT.  L.,  1088). 

SEC.  21.  If  two  or  more  persons  in  any  State,  Territory,  or  District 
conspire  to  prevent,  by  force,  intimidation,  or  threat,  any  person 
from  accepting  or  holding  any  office,  trust,  or  place  of  confidence  un- 
der the  United  States,  or  from  discharging  any  duties  thereof ;  or  to 
induce  by  like  means  any  officer  of  the  United  States  to  leave  any 
State,  Territory,  district,  or  place,  where  his  duties  as  an  officer  are 
required  to  be  performed,  or  to  injure  him  in  his  person  or  property 
on  account  of  his  lawful  discharge  of  the  duties  of  his  office,  or  while 
engaged  in  the  lawful  discharge  thereof,  or  to  injure  his  property 
so  as  to  molest,  interrupt,  hinder,  or  impede  him  in  the  discharge  of 
his  official  duties,  each  of  such  persons  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  more  than  six  years,  or  both. 

SEC.  28.  Whoever  shall  falsely  make,  alter,  forge,  or  counterfeit, 
or  cause  or  procure  to  be  falsely  made,  altered,  forged,  or  counter- 
feited, or  willingly  aid,  or  assist  in  the  false  making,  altering,  forg- 
ing, or  counterfeiting,  any  bond,  bid,  proposal,  contract,  guarantee, 
security,  official  bond,  public  record,  affidavit,  or  other  writing  for  the 
purpose  of  defrauding  the  United  States;  or  shall  utter  or  publish 
as  true,  or  cause  to  be  uttered  or  published  as  true,  or  have  in  his 
possession  with  the  intent  to  utter  or  publish  as  true,  any  such  false, 
forged,  altered,  or  counterfeited  bond,  bid,  proposal,  contract,  guar- 
antee, security,  official  bond,  public  record,  affidavit,  or  other  writing, 
for  the  purpose  of  defrauding  the  United  States,  knowing  the  same 
to  be  false,  forged,  altered,  or  counterfeited;  or  shall  transmit  to, 
or  present  at,  or  cause  or  procure  to  be  transmitted  to,  or  presented  at, 
the  office  of  any  officer  of  the  United  States,  any  such  false,  forged, 
altered,  or  counterfeited  bond,  bid,  proposal,  contract,  guarantee, 
security,  official  bond,  public  record,  affidavit,  or  other  writing, 
knowing  the  same  to  be  false,  forged,  altered,  or  counterfeited,  for 
the  purpose  of  defrauding  the  United  States,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisonment  not  more  than  ten  years, 
or  both. 

SEC.  29.  Whoever  shall  falsely  make,  alter,  forge,  or  counterfeit, 
or  cause  or  procure  to  be  falsely  made,  altered,  forged,  or  counter- 
feited, or  willingly  aid  or  assist  in  the  false  making,  altering,  forg- 
ing, or  counterfeiting,  any  deed,  power  of  attorney,  order,  certificate, 
receipt,  contract,  or  other  writing,  for  the  purpose  of  obtaining  or  re- 
ceiving, or  of  enabling  any  other  person,  either  directly  or  indirectly, 
to  obtain  or  receive  from  the  United  States,  or  any  of  their  officers  or 
agents,  any  sum  of  money ;  or  whoever  shall  utter  or  publish  as  true, 
or  cause  to  be  uttered  or  published  as  true,  any  such  false,  forged, 
altered,  or  counterfeited  deed,  power  of  attorney,  order,  certificate, 
receipt,  contract,  or  other  writing,  with  intent  to  defraud  the  United 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  119 

States,  knowing  the  same  to  be  false,  altered,  forged,  or  counter- 
feited; or  whoever  shall  transmit  to,  or  present  at,  or  cause  or  pro- 
cure to  be  transmitted  to,  or  presented  at,  any  office  or  officer  of  the 
Government  of  the  United  States,  any  deed,  power  of  attorney,  order, 
certificate,  receipt,  contract,  or  other  writing,  in  support  of,  or  in 
relation  to,  any  account  or  claim,  with  intent  to  defraud  the  United 
States,  knowing  the  same  to  be  false,  altered,  forged,  or  counterfeited, 
shall  be  fined  not  more  than  one  thousand  dollars  and  imprisoned 
not  more  than  ten  years. 

SEC.  30.  Whoever,  knowingly  and  with  intent  to  defraud  the 
United  States,  shall  have  in  his  possession  any  false,  altered,  forged, 
or  counterfeited  deed,  power  of  attorney,  order,  certificate,  receipt, 
contract,  or  other  writing,  for  the  purpose  of  enabling  another  to 
obtain  from  the  United  States,  or  from  any  officer  or  agent  thereof, 
any  sum  of  money,  shall  be  fined  not  more  than  five  hundred  dollars, 
or  imprisoned  not  more  than  five  years,  or  both. 

SEC.  31.  Whoever,  being  an  officer  authorized  to  administer  oaths 
or  to  take  and  certify  acknowledgments,  shall  knowingly  make  any 
false  acknowledgment,  certificate,  or  statement  concerning  the  ap- 
pearance before  him  or  the  taking  of  an  oath  or  affirmation  by  any 
person  with  respect  to  any  proposal,  contract,  bond,  undertaking,  or 
other  matter,  submitted  to,  made  with,  or  taken  on  behalf  of,  the 
United  States,  and  concerning  which  an  oath  or  affirmation  is  required 
by  law  or  regulation  made  in  pursuance  of  law,  or  with  respect  to 
the  financial  standing  of  any  principal,  surety,  or  other  party  to 
any  such  proposal,  contract,  bond,  undertaking,  or  other  instrument, 
shall  be  fined  not  more  than  two  thousand  dollars,  or  imprisoned 
not  more  than  two  years,  or  both. 

SEC.  32.  Whoever,  with  intent  to  defraud  either  the  United  States 
or  any  person,  shall  falsely  assume  or  pretend  to  be  an  officer  or  em- 
ployee acting  under  the  authority  of  the  United  States,  or  any 
Department,  or  any  officer  of  the  Government  thereof,  and  shall  take 
upon  himself  to  act  as  such,  or  shall  in  such  pretended  character 
demand  or  obtain  from  any  person  or  from  the  United  States,  or  any 
Department,  or  any  officer  of  the  Government  thereof,  any  money, 
paper,  document,  or  other  valuable  thing,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  not  more  than  three  years, 
or  both. 

SEC.  33.  Whoever  shall  falsely  personate  any  true  and  lawful 
holder  of  any  share  or  sum  in  the  public  stocks  or  debt  of  the  United 
States,  or  any  person  entitled  to  any  annuity,  dividend,  pension, 
prize  money,  wages,  or  other  debt  due  from  the  United  States,  and, 
under  color  of  such  false  personation,  shall  transfer  or  endeavor  to 
transfer  such  public  stock  or  any  part  thereof,  or  shall  receive  or 
endeavor  to  receive  the  money  of  such  true  and  lawful  holder  thereof, 
or  the  money  of  any  person  really  entitled  to  receive  such  annuity, 
dividend,  pension,  prize  money,  wages,  or  other  debt,  shall  be  fined 
not  more  than  five  thousand  dollars  and  imprisoned  not  more  than 
ten  years. 

SEC.   34.  Whoever   shall   knowingly  or   fraudulently   demand   or 

endeavor  to  obtain  any  share  or  sum  in  the  public  stocks  of  the 

United  States,  or  to  have  any  part  thereof  transferred,  assigned, 

sold,  or  conveyed,  or  to  have  any  annuity,  dividend,  pension,  prize 

70942°— 17 9 


120  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

money,  wages,  or  other  debt  due  from  the  United  States,  or  any  part 
thereof,  received,  or  paid  by  virtue  of  any  false,  forged,  or  counter- 
feited power  of  attorney,  authority,  or  instrument,  shall  be  fined  not 
more  than  five  thousand  dollars  and  imprisoned  not  more  than  ten 
years. 

SEC.  35.  Whoever  shall  make  or  cause  to  be  made,  or  present  or 
cause  to  be  presented,  for  payment  or  approval,  to  or  by  any  person 
or  officer  in  the  civil,  military,  or  naval  service  of  the  United  States, 
any  claim  upon  or  against  the  Government  of  the  United  States, 
or  any  department  or  officer  thereof,  knowing  such  claim  to  be  false, 
fictitious,  or  fraudulent;  or  whoever,  for  the  purpose  of  obtaining 
or  aiding  to  obtain  the  payment  or  approval  of  such  claim,  shall 
make  or  use,  or  cause  to  be  made  or  used,  any  false  bill,  receipt, 
voucher,  roll,  account,  claim,  certificate,  affidavit,  or  deposition,  know- 
ing the  same  to  contain  any  fraudulent  or  fictitious  statement  or 
entry;  or  whoever  shall  enter  into  any  agreement,  combination,  or 
conspiracy  to  defraud  the  Government  of  the  United  States,  or  any 
department  or  officer  thereof,  by  obtaining  or  aiding  to  obtain  the 
payment  or  allowance  of  any  false  or  fraudulent  claim ;  or  whoever, 
having  charge,  possession,  custody,  or  control  of  any  money  or  other 
public  property  used  or  to  be  used  in  the  military  or  naval  service, 
with  intent  to  defraud  the  United  States  or  willfully  to  conceal  such 
money  or  other  property,  shall  deliver  or  cause  to  be  delivered,  to 
any  other  person  having  authority  to  receive  the  same,  any  amount 
of  such  money  or  other  property  less  than  that  for  which  he  received 
a  certificate  or  took  a  receipt;  or  whoever,  being  authorized  to  make 
or  deliver  any  certificate,  voucher,  receipt,  or  other  paper  certifying 
the  receipt  of  arms,  ammunition,  provisions,  clothing,  or  other  prop- 
erty so  used  or  to  be  used,  shall  make  or  deliver  the  same  to  any 
other  person  without  a  full  knowledge  of  the  truth  of  the  facts  stated  ! 
therein  and  with  intent  to  defraud  the  United  States,  shall  be  fined  i 
not  more  than  five  thousand  dollars,  or  imprisoned  not  more  than 
five  years,  or  both.  And  whoever  shall  knowingly  purchase  or 
receive  in  pledge  for  any  obligation  or  indebtedness  from  any  sol- 
dier, officer,  sailor,  or  other  person  called  into  or  employed  in  the 
military  or  naval  service,  any  arms,  equipments,  ammunition,  clothes, 
military  stores,  or  other  public  property,  whether  furnished  to  the 
soldier,  sailor,  officer,  or  person,  under  a  clothing  allowance  or  other- 
wise, such  soldier,  sailor,  officer,  or  other  person  not  having  the  law- 
ful right  to  pledge  or  sell  the  same,  shall  be  fined  not  more  than  five 
hundred  dollars,  and  imprisoned  not  more  than  two  years. 

SEC.  37.  If  two  or  more  persons  conspire  either  to  commit  any 
offense  against  the  United  States,  or  to  defraud  the  United  State's 
in  any  manner  or  for  any  purpose,  and  one  or  more  of  such  parties 
do  any  act  to  effect  the  object  of  the  conspiracy,  each  of  the  parties  i 
to  such  conspiracy  shall  be  fined  not  more  than^ten  thousand  dollars, 
or  imprisoned  not  more  than  two  years,  or  both. 

SEC.  39.  Whoever  shall  promise,  offer,  or  give,  or  cause  or  procure 
to  be  promised,  offered,  or  given,  any  money  or  other  thing  of  value, 
or  shall  make  or  tender  any  contract,  undertaking,  obligation, 
gratuity,  or  security  for  the  payment  of  money,  or  for  the  delivery 
or  conveyance  of  anything  of  value,  to  any  officer  of  the  United 
States,  or  to  any  person  acting  for  or  on  behalf  of  the  United  States 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  121 

in  any  official  function,  under  or  by  authority  of  any  department  or 
office  of  the  Government  thereof,  or  to  any  officer  or  person  acting 
for  or  on  behalf  of  either  House  of  Congress,  or  of  any  committee  of 
either  House,  or  both  Houses  thereof,  with  intent  to  influence  his 
decision  or  action  on  any  question,  matter,  cause,  or  proceeding  which 
may  at  any  time  be  pending,  or  which  may  by  law  be  brought  before 
him  in  his  official  capacity,  or  in  his  place  of  trust  or  profit,  or  with 
intent  to  influence  him  to  commit  or  aid  in  committing,  or  to  collude 
in,  or  allow,  any  fraud,  or  make  opportunity  for  the  commission  of 
any  fraud,  on  the  United  States,  or  to  induce  him  to  do  or  omit  to  do 
any  act  in  violation  of  his  lawful  duty,  shall  be  fined  not  more  than 
three  times  the  amount  of  money  or  value  of  the  thing  so  offered, 
promised,  given,  made,  or  tendered,  or  caused  or  procured  to  be  so 
offered,  promised,  given,  made,  or  tendered,  and  imprisoned  not  more 
than  three  years. 

SEC.  40.  Whoever  shall  take  and  carry  away,  without  authority 
from  the  United  States,  from  the  place  where  it  has  been  filed, 
lodged,  or  deposited,  or  where  it  may  for  the  time  being  actually  be 
kept  by  authority  of  the  United  States,  any  certificate,  affidavit,  dep- 
osition, written  statement  of  facts,  power  of  attorney,  receipt, 
voucher,  assignment,  or  other  document,  record,  file,  or  paper,  pre- 
pared, fitted,  or  intended  to  be  used  or  presented  in  order  to  procure 
the  payment  of  money  from  or  by  the  United  States,  or  any  officer 
or  agent  thereof,  or  the  allowance  or  payment  of  the  whole  or  any 
part  of  any  claim,  account,  or  demand  against  the  United  States, 
whether  the  same  has  or  has  not  already  been  so  used  or  presented, 
and  whether  such  claim,  account,  or  demand,  or  any  part  thereof, 
has  or  has  not  already  been  alloAved  or  paid;  or  whoever  shall  pre- 
sent, use,  or  attempt  to  use,  any  such  document,  record,  file,  or  paper 
so  taken  and  carried  away,  in  order  to  procure  the  payment  of  any 
money  from  or  by  the  United  States,  or  any  officer  or  agent  thereof, 
or  the  allowance  or  payment  of  the  whole  or  any  part  of  any  claim, 
account,  or  demand  against  the  United  States,  shall  be  fined  not  more 
than  five  thousand  dollars,  or  imprisoned  not  more  than  ten  years,  or 
both. 

SEC.  46.  Whoever  shall  rob  another  of  any  kind  or  description  of 
personal  property  belonging  to  the  United  States,  or  shall  feloniously 
take  and  carry  away  the  same,  shall  be  fined  not  more  than  five  thou- 
sand dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 

SEC.  47.  Whoever  shall  embezzle,  steal,  or  purloin  any  money, 
property,  record,  voucher,  or  valuable  thing  whatever,  of  the 
moneys,  goods,  chattels,  records,  or  property  of  the  United  States, 
shall  be  fined  not  more  than  five  thousand  dollars,  or  imprisoned 
not  more  than  five  years,  or  both. 

SEC.  48.  Whoever  shall  receive,  conceal,  or  aid  in  concealing,  or 
shall  have  or  retain  in  his  possession  with  intent  to  convert  to  his 
own  use  or  gain,  any  money,  property,  record,  voucher,  or  valuable 
thing  whatever,  of  the  moneys,  goods,  chattels,  records,  or  property 
of  the  United  States,  which  has  theretofore  been  embezzled,  stolen, 
or  purloined  by  any  other  person,  knowing  the  same  to  have  been 
so  embezzled,  stolen,  or  purloined,  shall  be  fined  not  more  than  five 
thousand  dollars,  or  imprisoned  not  more  than  five  years,  or  both; 
:  d  such  person  may  be  tried  either  before  or  after  the  conviction  of 
the  principal  offender. 


122  LAWS  GOVERNING  ARMY   AND  NAVY   PENSIONS. 

SEC.  TO.  Whoever,  being  a  consul,  or  vice  consul,  or  other  person 
employed  in  the  consular  service  of  the  United  States,  shall  know- 
ingly certify  falsely  to  any  invoice,  or  other  paper,  to  which  his 
certificate  is  by  law  authorized  or  required,  shall  be  fined  not  more 
than  ten  thousand  dollars  and  imprisoned  not  more  than  three  years. 

SEC.  73.  Whoever  shall  falsely  make,  alter,  forge,  or  counterfeit 
any  military  bounty-land  warrant,  or  military  bounty-land  warrant 
certificate,  issued  or  purporting  to  have  been  issued  by  the  Com- 
missioner of  Pensions  under  any  law  of  Congress,  or  any  certificate 
or  duplicate  certificate  of  location  of  any  military  bounty-land  war- 
rant, or  military  bounty-land  warrant  certificate  upon  any  of  the 
lands  of  the  United  States,  or  any  certificate  or  duplicate  certificate 
of  the  purchase  of  any  pi  the  lands  of  the  United  States,  or  any 
receipt  or  duplicate  receipt  for  the  purchase  money  of  any  of  the 
lands  of  the  United  States,  issued  or  purporting  to  have  been  issued 
by  the  register  and  receiver  at  any  land  office  of  the  United  States 
or  by  either  of  them;  or  whoever  shall  utter,  publish,  or  pass  as 
true,  any  such  false,  forged,  or  counterfeited  military  bounty-land 
warrant,  military  bounty-land  warrant  certificate,  certificate  or  dupli- 
cate certificate  of  location,  certificate  or  duplicate  certificate  of  pur- 
chase, receipt  or  duplicate  receipt  for  the  purchase  money  of  any  of 
the  lands  of  the  United  States,  knowing  the  same  to  be  false,  forged, 
or  counterfeited,  shall  be  imprisoned  not  more  than  ten  vears. 

SEC.  85.  Every  officer,  clerk,  agent,  or  employee  of  the  United 
States,  and  every  person  representing  himself  to  be  or  assuming  to 
act  as  such  officer,  clerk,  agent,  or  employee,  who,  under  color  of  his 
office,  clerkship,  agency,  or  employment,  or  under  color  of  his  pre- 
tended or  assumed  office,  clerkship,  agency,  or  employment,  is  guilty 
of  extortion,  and  every  person  who  shall  attempt  any  act  which  if 
performed  would  make  him  guilty  of  extortion,  shall  be  fined  not 
more  than  five  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. 

SEC.  86.  Whoever,  being  an  officer,  clerk,  agent,  employee,  or  other 
person  charged  with  the  payment  of  any  appropriation  made  by  Con- 
gress, shall  pay  to  any  clerk  or  other  employee  of  the  United  States  a 
sum  less  than  that  provided  by  law,  and  require  such  employee  to 
receipt  or  give  a  voucher  for  an  amount  greater  than  that  actually 
paid  to  and  received  by  him,  is  guilty  of  embezzlement,  and  shall  be 
fined  in  double  the  amount  so  withheld  from  any  employee  of  the 
Government  and  imprisoned  not  more  than  two  years. 

SEC.  90.  Every  officer  or  agent  of  the  United  States  who,  having 
received  public  money  which  he  is  not  authorized  to  retain  as  salary, 
pay,  or  emolument,  fails  to  render  his  accounts  for  the  same  as  pro- 
vided by  law  shall  be  deemed  guilty  of  embezzlement,  and  shall  be 
fined  in  a  sum  equal  to  the  amount  of  the  money  embezzled  and  im- 
prisoned not  more  than  ten  years. 

SEC.  94.  The  refusal  of  any  person,  whether  in  or  out  of  office, 
charged  with  the  safe-keeping,  transfer,  or  disbursement  of  the  pub- 
lic money  to  pay  any  draft,  order,  or  warrant,  drawn  upon  him  by 
the  proper  accounting  officer  of  the  Treasury,  for  any  public  money 
in  his  hands  belonging  to  the  United  States,  no  matter  in  what 
capacity  the  same  may  have  been  received,  or  may  be  held,  or  to 
transfer  or  disburse  any  such  money,  promptly,  upon  the  legal 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  123 

requirement  of  any  authorized  officer,  shall  be  deemed,  upon  the  trial 
of  any  indictment  against  such  person  for  embezzlement,  prim  a  facie 
evidence  of  such  embezzlement. 

SEC.  95.  If  any  officer  charged  with  the  disbursement  of  the  public 
moneys  accepts,  receives,  or  transmits  to  the  Treasury  Department 
to  be  allowed  in  his  favor  any  receipt  or  voucher  from  a  creditor  of 
the  United  States  without  having  paid  to  such  creditor  in  such  funds 
as  the  officer  received  for  disbursement,  or  in  such  funds  as  he  may 
be  authorized  by  law  to  take  in  exchange,  the  full  amount  specified  in 
such  receipt  or  voucher,  every  such  act  is  an  act  of  conversion  by  such 
officer  to  his  own  use  of  the  amount  specified  in  such  receipt  or 
voucher. 

SEC.  106.  Whoever,  being  a  public  officer  or  other  person  author- 
ized by  any  law  of  the  United  States  to  make  or  give  a  certificate  or 
other  Avriting,  shall  knowingly  make  and  deliver  as  true  such  a  cer- 
tificate or  writing,  containing  any  statement  which  he  knows  to  be 
false,  in  a  case  where  the  punishment  thereof  is  not  elsewhere  ex- 
pressly provided  by  law,  shall  be  fined  not  more  than  five  hundred 
dollars,  or  imprisoned  not  more  than  one  year,  or  both. 

SEC.  109.  Whoever,  being  an  officer  of  the  United  States,  or  a  per- 
son holding  any  place  of  trust  or  profit,  or  discharging  any  official 
function  under,  or  in  connection  with,  any  Executive  Department  of 
the  Government  of  the  United  States,  or  under  the  Senate  or  House 
of  Representatives  of  the  United  States,  shall  act  as  an  agent  or 
attorney  for  prosecuting  any  claim  against  the  United  States,  or  in 
any  manner,  or  by  any  means,  otherwise  than  in  discharge  of  his 
proper  official  duties,  shall  aid  or  assist  in  the  prosecution  or  support 
of  any  such  claim,  or  receive  any  gratuity,  or  any  share  of  or  interest 
in  any  claim  from  any  claimant  against  the  United  States,  with  intent 
to  aid  or  assist,  or  in  consideration  of  having  aided  or  assisted,  in  the 
prosecution  of  such  claim,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  one  year,  or  both. 

SEC.  110.  WhoeA'er,  being  elected  or  appointed  a  Member  of  or  Dele- 
gate to  Congress,  or  a  Resident  Commissioner,  shall,  after  his  election 
or  appointment  and  either  before  or  after  he  has  qualified,  and  dur- 
ing his  continuance  in  office,  directly  or  indirectly,  ask,  accept, 
receive,  or  agree  to  receive,  any  money,  property,  or  other  valuable 
consideration,  or  any  promise,  contract,  undertaking,  obligation, 
gratuity,  or  security  for  the  payment  of  money  or  for  the  delivery 
or  conveyance  of  anything  of  value  to  him  or  to  any  person  with 
his  consent,  connivance,  or  concurrence,  for  his  attention  to,  or 
services,  or  with  the  intent  to  have  his  action,  vote,  or  decision  in- 
fluenced, on  any  question,  matter,  cause,  or  proceeding,  which  may 
at  any  time  be  pending  in  either  House  of  Congress  or  before  any 
committee  thereof,  or  which  by  law  or  under  the  Constitution  may 
be  brought  before  him  in  his  official  capacity,  or  in  his  place  as  such 
Member,  Delegate,  or  Resident  Commissioner,  shall  be  fined  not  more 
than  three  times  the  amount  asked,  accepted,  or  received,  and  impris- 
oned not  more  than  three  }7ears;  and  shall,  moreover,  forfeit  his 
office  or  place,  and  thereafter  be  forever  disqualified  from  holding 
any  office  of  honor,  trust,  or  profit  under  the  Government  of  the 
United  States. 


124  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

SEC.  111.  Whoever  shall  promise,  offer,  or  give,  or  cause  to  be  prom- 
ised, offered,  or  given,  any  money  or  other  thing  of  value,  or  shall 
make  or  tender  any  contract,  undertaking,  obligation,  gratuity,  or 
security  for  the  payment  of  money  or  for  the  delivery  or  conveyance 
of  anything  of  value,  to  any  Member  of  either  House  of  Congress,  or 
Delegate  to  Congress,  or  Resident  Commissioner,  after  his  election  or 
appointment  and  either  before  or  after  he  has  qualified,  and  during 
his  continuance  in  office,  or  to  any  person  with  his  consent,  conniv- 
ance, or  concurrence,  with  intent  to  influence  his  action,  vote,  or 
decision,  on  any  question,  matter,  cause,  or  proceeding  which  may  at 
uny  time  be  pending  in  either  House  of  Congress,  or  before  any  com- 
mittee thereof,  or  which  by  law  or  under  the  Constitution  may  be 
brought  before  him  in  his  official  capacity  or  in  his  place  as  such 
Member,  Delegate,  or  Resident  Commissioner,  shall  be  fined  not  more 
than  three  times  the  amount  of  money  or  value  of  the  thing  so  prom- 
ised, offered,  given,  made,  or  tendered,  and  imprisoned  not  more 
than  three  years. 

SEC.  112.  Whoever,  being  elected  or  appointed  a  Member  of  or 
Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after  his 
election  or  appointment  and  either  before  or  after  he  has  qualified, 
and  during  his  continuance  in  office,  or  being  an  officer  or  agent  of 
the  United  States,  shall  directly  or  indirectly  take,  receive,  or  agree 
to  receive,  from  any  person,  any  money,  property,  or  other  valuable 
consideration  whatever,  for  procuring,  or  aiding  to  procure,  any 
contract,  appointive  office,  or  place,  from  the  United  States  or  from 
:iny  officer  or  department  thereof,  for  any  person  whatever,  or  for 
giving  any  such  contract,  appointive  office,  or  place  to  any  person 
whomsoever;  or  whoever,  directly  or  indirectly,  shall  offer,  or  agree 
to  give,  or  shall  give,  or  bestow,  any  money,  property,  or  other  valu- 
able consideration  whatever,  for  the  procuring,  or  aiding  to  procure, 
tiny  such  contract,  appointive  office,  or  place,  shall  be  fined  not  more 
than  ten  thousand  dollars  and  imprisoned  not  more  than  two  years; 
and  shall,  moreover,  be  disqualified  from  holding  any  office  of  honor, 
profit,  or  trust  under  the  Government  of  the  United  States.  Any 
such  contract  or  agreement  may,  at  the  option  of  the  President,  be 
declared  void. 

SEC.  113.  Whoever,  being  elected  or  appointed  a  Senator,  Member 
of  or  Delegate  to  Congress,  or  a  Resident  Commissioner,  shall,  after 
his  election  or  appointment  and  either  before  or  after  he  has  qualified, 
and  during  his  continuance  in  office,  or  being  the  head  of  a  depart- 
ment, or  other  officer  or  clerk  in  the  employ  of  the  United  States, 
shall,  directly  or  indirectly,  receive,  or  agree  to  receive,  any  com- 
pensation whatever  for  any  services  rendered  or  to  be  rendered  to 
any  person,  either  by  himself  or  another,  in  relation  to  any  pro- 
ceeding, contract,  claim,  controversy,  charge,  accusation,  arrest,  or 
other  matter  or  thing  in  which  the  United  States  is  a  party  or 
directly  or  indirectly  interested,  before  any  department,  court- 
martial,  bureau,  officer,  or  any  civil,  military,  or  naval  commission 
whatever,  shall  be  fined  not  more  than  ten  thousand  dollars  and 
imprisoned  not  more  than  two  years ;  and  shall,  moreover,  thereafter 
be  incapable  of  holding  any  office  of  honor,  trust,  or  profit  under  the 
Government  of  the  United  States. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  125 

SEC.  117.  Whoever,  being  an  officer  of  the  United  States,  or  a 
person  acting  for  or  on  behalf  of  the  United  States,  in  any  official 
capacity,  under  or  by  virtue  of  the  authority  of  any  department  or 
office  of  the  Government  thereof;  or  whoever,  being  an  officer-or- 
person  acting  for  or  on  behalf  of  either  House  of  Congress   or  ol 
iny  committee  of  either  House,  or  of  both  Houses  thereof,  shall 
ask   accept,  or  receive  any  money,  or  any  contract,  promise,  unde 
taking,  obligation,  gratuity,  or  security  for  the  payment  ?f  money, 
or  for  the  delivery  or  conveyance  of  anything  of  value,  with  intent 
to  have  his  decision  or  action  on  any  question,  matter,  cause,  or  pro- 
ceeding which  may  at  any  time  be  pending,  or  which  may  by  law 
be  brought  before  him  in  his  official  capacity,  or  in  his  place  of  trust 
or  profit,  influenced  thereby,  shall  be  fined  not  more  than  three 
times  the  amount  of  money  or  value  of  the  thing  so  asked,  accepted, 
or  received,  and  imprisoned  not  more  than  three  years;  and  shall, 
moreover,  forfeit  his  office  or  place  and  thereafter  be  forever ^dis- 
qualified from  holding  any  office  of  honor,  trust,  or  profit  under  the 
firwernment  of  the  United  States.  ,   . 

SF<     1Q5.  Whoever,  having  taken  an  oath  before  a  compete-  ^  ^ 

buna!,"  officer,  or  £™<  in  an?  case  ^/^  I  -\<*  Jje  United 
.States  authorizes  an  oath  to  be  adinini^fer^d,  thut  A1c  win  te0tixj, 
ieciare,  depose,  or  certify  tftiljrj  ot  tkat  any  written  testimony, 
declaration,  deposition,  or  certificate  by  him  subscribed,  is  true,  shall 
wilfully  and  contrary  to  such  oath  state  or  subscribe  any  material 
matter  which  he  does  not  believe  to  be  true,  is  guilty  of  perjury,  and 
shall  be  fined  not  more  than  two  thousand  dollars  and  imprisoned 
not  more  than  five  years. 

SEC.  126.  Whoever  shall  procure  another  to  commit  any  perjury 
is  guilty  of  subornation  of  perjury,  and  punishable  as  in  the  pre- 
ceding section  prescribed. 

SEC.  128.  Whoever  shall  willfully  and  unlawfully  conceal,  re- 
move, mutilate,  obliterate,  or  destroy,  or  attempt  to  conceal,  remove, 
mutilate,  obliterate,  or  destroy,  or,  with  intent  to  conceal,  remove, 
mutilate,  obliterate,  destroy,  or  steal,  shall  take  and  carry  away  any 
record,  proceeding,  map,  "book,  paper,  document,  or  other  thing, 
filed  or  deposited  with  any  clerk  or  officer  of  ^any  court  of  the  United 
States,  or  in  any  public  office,  or  with  any  judicial  or  public  officer 
of  the  United  States,  shall  be  fined  not  more  than  two  thousand 
dollars,  or  imprisoned  not  more  than  three  years,  or  both. 

SEC.  129.  Whoever,  having  the  custody  of  any  record,  proceeding, 
map,  book,  document,  paper,  or  other  thing  specified  in  the  preced- 
ing section,  shall  willfully  and  unlawfully  conceal,  remove,  mutilate, 
obliterate,  falsify,  or  destroy  any  such  record,  proceeding,  map, 
book,  document,  paper,  or  thing,  shall  be  fined  not  more  than  two 
thousand  dollars,  or  imprisoned  not  more  than  three  years,  or  both; 
and  shall  moreover  forfeit  his  office  and  be  forever  afterwards  dis- 
qualified from  holding  any  office  under  the  Government  of  the  United 
States. 

SEC.  131.  Whoever,  directly  or  indirectly,  shall  give  or  offer,  or 
cause  to  be  given  or  offered,  any  money,  property,  or  value  of  any 
kind,  or  any  promise  or  agreement  therefor,  or  any  other  bribe,  to  any 
judge,  judicial  officer,  or  other  person  authorized  by  any  law  of  the 


126  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

United  States  to  hear  or  determine  any  question,  matter,  cause,  pro- 
ceeding, or  controversy,  with  intent  to  influence  his  action,  vote, 
opinion,  or  decision  thereon,  or  because  of  any  such  action,  vote, 
opinion,  or  decision,  shall  be  fined  not  more  than  twenty  thousand 
dollars,  or  imprisoned  not  more  than  fifteen  years,  or  both;  and 
shall  forever  be  disqualified  to  hold  any  office  of  honor,  trust,  or 
profit  under  the  United  States. 

SEC.  133.  Whoever,  being  a  juror,  referee,  arbitrator,  appraiser, 
assessor,  auditor,  master,  receiver,  United  States  commissioner,  or 
other  person  authorized  by  any  law  of  the  United  States  to  hear  or 
determine  any  question,  matter,  cause,  controversy,  or  proceeding, 
shall  ask,  receive,  or  agree  to  receive,  any  money,  property,  or  value 
of  any  kind,  or  any  promise  or  agreement  therefor;  upon  any  agree- 
ment or  understanding  that  his  vote,  opinion,  action,  judgment,  or 
decision  shall  be  influenced  thereby,  or  because  of  any  such  vote, 
opinion,  action,  judgment,  or  decision,  shall  be  fined  not  more  than 
two  thousand  dollars,  or  imprisoned  not  more  than  two  years,  or 
both. 

SEC.  134.  Whoever,  being,  or  about  to  be,  a  witness  upon  a  trial, 
hearing,  or  other  proceeding,  before  any  court  or  any  officer  au- 
thorized by  the  laws  of  the  United  States  to  hear  evidence  or  take 
testimony,  shall  receive,  or  agree  or  offer  to  receive,  a  bribe,  upon  any 
agreement  or  understanding  that  his  testimony  shall  be  influenced 
thereby,  or  that  he  will  absent  himself  from  the  trial,  hearing,  or 
other  proceeding,  or  because  of  such  testimony,  or  such  absence,  shall 
be  fined  not  more  than  two  thousand  dollars,  or  imprisoned  not  more 
than  two  years,  or  both. 

SEC.  145.  Whoever  shall,  under  a  threat  of  informing,  or  as  a 
consideration  for  not  informing,  against  any  violation  of  any  law 
of  the  United  States,  demand  or  receive  any  money  or  other  valuable 
thing,  shall  be  fined  not  more  than  two  thousand  dollars,  or  impris- 
oned not  more  than  one  year,  or  both. 

SEC.  146.  Whoever,  having  knowledge  of  the  actual  commission 
of  the  crime  of  murder  or  other  felony  cognizable  by  the  courts  of 
the  United  States,  conceals  and  does  not  as  soon  as  may  be  disclose 
and  make  known  the  same  to  some  one  of  the  judges  or  other  per- 
sons in  civil  or  military  authority  under  the  United  States,  shall  be 
fined  not  more  than  five  hundred  dollars,  or  imprisoned  not  more 
than  three  years,  or  both. 

SEC.  148.  Whoever,  with  intent  to  defraud,  shall  falsely  make, 
forge,  counterfeit,  or  alter  any  obligation  or  other  security  of  the 
United  States  shall  be  fined  not  more  than  five  thousand  dollars  and 
imprisoned  not  more  than  fifteen  years. 

SEC.  151.  Whoever,  with  intent  to  defraud,  shall  pass,  utter,  pub- 
lish, or  sell,  or  attempt  to  pass,  utter,  publish,  or  sell,  or  shall  bring 
into  the  United  States  or  any  place  subject  to  the  jurisdiction  thereof, 
with  intent  to  pass,  publish,  utter,  or  sell,  or  shall  keep  in  possession 
or  conceal  with  like  intent,  any  falsely  made,  forged,  counterfeited, 
or  altered  obligation  or  other  security  of  the  United  States,  shall  be 
fined  not  more  than  five  thousand  dollars  and  imprisoned  not  more 
than  fifteen  years. 

SEC.  154.  Whoever  shall  buy,  sell,  exchange,  transfer,  receive,  or 
deliver,  any  false,  forged,  counterfeited,  or  altered  obligation  or  other 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  127 

security  of  the  United  States,  or  circulating  note  of  any  banking 
association  organized  or  acting  under  the  laws  thereof,  which  has 
been  or  may  hereafter  be  issued  by  virtue  of  any  act  of  Congress, 
with  the  intent  that  the  same  be  passed,  published,  or  used  as  true 
and  genuine,  shall  be  fined  not  more  than  five  thousand  dollars,  or 
imprisoned  not  more  than  ten  years,  or  both. 

SEC.  172.  All  counterfeits  of  any  obligation  or  other  security  of  the 
United  States  or  of  any  foreign  government,  or  counterfeits  of  any 
of  the  coins  of  the  United  States  or  of  any  foreign  government,  and 
all  material  or  apparatus  fitted  or  intended  to  be  used,  or  that  shall 
have  been  used,  in  the  making  of  any  such  counterfeit  obligation  or 
other  security  or  coins  hereinbefore  mentioned,  that  shall  be  found 
in  the  possession  of  any  person  without  authority  from  the  Secretary 
of  the  Treasury  or  other  proper  officer  to  have  the  same,  shall  be 
taken  possession  of  by  any  authorized  agent  of  the  Treasury  Depart- 
ment and  forfeited  to  the  United  States,  and  disposed  of  in  any  man- 
ner the  Secretary  of  the  Treasury  may  direct.  Whoever  having  the 
custody  or  control  of  any  such  counterfeits,  material,  or  apparatus 
shall  fail  or  refuse  to  surrender  possession  thereof  upon  request  by 
any  such  authorized  agent  of  the  Treasury  Department,  shall  be  fined 
not  more  than  one  hundred  dollars,  or  imprisoned  not  more  than  one 
year,  or  both. 

SEC.  332.  Whoever  directly  commits  any  act  constituting  an  offense 
defined  in  any  law  of  the  United  States,  or  aids,  abets,  counsels,  com- 
mands, induces,  or  procures  its  commission,  is  a  principal. 

SEC.  333.  Whoever,  except  as  otherwise  expressly  provided  by  law, 
being  an  accessory  after  the  fact  to  the  commission  of  any  offense 
defined  in  any  law  of  the  United  States,  shall  be  imprisoned  not 
exceeding  one-half  the  longest  term  of  imprisonment,  or  fined  not 
exceeding  one-half  the  largest  fine  prescribed  for  the  punishment  of 
the  principal,  or  both,  if  the  principal  is  punishable  by  both  fine  and 
imprisonment;  or  if  the  principal  is  punishable  by  death,  then  an 
accessory  shall  be  imprisoned  not  more  than  ten  years. 

SEC.  335.  All  offenses  which  may  be  punished  by  death,  or  impris- 
onment for  a  term  exceeding  one  year,  shall  be  deemed  felonies.  All 
other  offenses  shall  be  deemed  misdemeanors. 

GOVERNMENT    EMPLOYEES;    FALSE   RECORDS. 
ACT  MARCH  4,  1911  (36  STAT  L.,  1355). 

That  whoever,  being  an  officer,  clerk,  agent,  or  other  person  hold- 
ing any  office  or  employment  under  the  Government  of  the  United 
States  and,  being  charged  with  the  duty  of  keeping  accounts  or  rec- 
ords of  any  kind,  shall,  with  intent  to  deceive,  mislead,  injure,  or 
defraud  the  United  States  or  any  person,  make  in  any  such  account 
or  record  any  false  or  fictitious  entry  or  record  of  &ny  matter  relating 
to  or  connected  with  his  duties,  or  whoever  with  like  intent  shall  aid 
or  abet  any  such  officer,  clerk,  agent,  or  other  person  in  so  doing;  or 
whoever,  being  an  officer,  clerk,  agent,  or  other  person  holding  any 
office  or  employment  under  the  Government  of  the  United  States  and, 
being  charged  with  the  duty  of  receiving,  holding,  or  paying  over 
moneys  or  securities  to,  for,  or  on  behalf  of  the  United  States,  or  of 
receiving  or  holding  in  trust  for  any  person  any  moneys  or  securities, 


128  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

shall,  with  like  intent,  make  a  false  report  of  such  moneys  or  securi- 
ties, or  whoever  with  like  intent  shall  aid  or  abet  any  such  officer, 
clerk,  agent,  or  other  person  in  so  doing,  shall  be  fined  not  more  than 
five  thousand  dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 

FORGING  INDORSEMENT,   UTTERING,   ETC. 
ACT  AUGUST  17,  1912  (37  STAT.  L.,  313). 

SEC.  4.  That  whoever  shall  forge  the  indorsement  of  the  person 
to  whose  order  any  pension  check  shall  be  drawn,  or  whoever  with 
the  knowledge  that  such  indorsement  is  forged  shall  utter  such  check, 
or  whoever,  loy  falsely  personating  such  person,  shall  receive  from 
any  person,  firm,  corporation,  or  officer  or  employee  of  the  United 
States  the  whole  or  any  portion  of  the  amount  represented  by  such 
check,  shall  upon  conviction  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars  or  be  imprisoned  not  more  than  five  years  or 
both. 


CHAPTER  XI. 


INFORMATION  RELATING  TO  ARMY  AND  NAVY  PENSIONS.1 

ADDRESSES  OF  PENSIONERS   OR  CLAIMANTS  FOR  PENSION. 

216.  (a)  Pensioners  and  claimanfs  for  pension  desiring  their  mail 
sent  to  cities  or  towns  with  a  population  of  5,000  or  more  having 
free  mail  delivery  must  give  their  post-office  addresses,  their  street 
and  number,  number  of  post-office  box,  rural  free  delivery  route,  or 
"  general  delivery,"  as  the  case  may  be.     "  General  delivery "  ad- 
dresses shall  be  acepted  only  in  case  it  be  shown  that  no  other  address 
such  as  above  specified  is  available. 

(b)  Addresses  in  care  of  another  person  shall  not  be  accepted  for 
the  transmission  of  pension  certificates  or  anything  of  value,  or  which 
might  be  appropriated  or  wrongfully  used  by  another  person,  nor 
shall  any  communication  be  mailed  to  a  claimant  for  pension  or 
increase  at  a  street  and  number,  or  post-office  box  address  which  is 
the  same  as  that  of  the  attorney  prosecuting  the  claim. 

217.  Where  it  is  shown  that  a  pensioner  or  claimant  has  resided 
for  a  number  of  years  at  the  address  given  in  his  application,  or  has 
more  recently  answered  communications  addressed  to  him  in  which 
street  number,  post-office  box,  or  rural  free  delivery  route  was  not 
vised,  it  may  be  assumed  that  another  address  is  not  available. 

GUARDIANSHIP. 

264.  Every  guardian,  or  other  person  receiving  pension  in  a  fidu- 
ciary capacity,  must  biennially  file  in  the  bureau  a  certificate  of  the 
court  to  which  such  fiduciary  is  accountable,  showing  that  he  has 
accounted  to  the  court,  as  required  by  law,  and  that  the  account  has 
been  approved  or  that  the  requirement  for  accounting  has  been 
waived  by  the  court,  if  such  is  the  fact.  Blank  form  of  certificate 
shall  be  furnished  each  guardian  or  committee  and  must  be  used  by 
him.  In  case  of  failure  to  file  such  certificate,  payment  on  the 
voucher  with  which  it  is  required,  and  all  subsequent  payments,  shall 
be  withheld  pending  the  receipt  thereof. 

INSPECTION  OF  PAPERS. 

284.  The  examination  of  papers  relating  to  claims  for  pension  or 
bounty  land,  by  attorneys,  counsel,  or  agents,  shall  not  extend  to 

i  The  sections  in  this  chapter  consist  of  excerpts  from  an  office  publication  not  available 
for  general  distribution,  and  the  numbers  of  sections  correspond  with  the  numbers  of 
sections  in  that  publication. 

129 


130  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

reports  from  the  governmental  departments  and  bureaus,  confiden- 
tial communications,  or  reports  of  special  examiners  relating  to  crim- 
inal charges  and  investigations. 

285.  (a)  The  act  of  July  18,  1894,  which  permits  the  examination 
and  inspection  of  reports  of  examining  surgeons  by  the  claimant  or 
his  attorney,  under  such  reasonable  rules  and  regulations  as  the  Sec- 
retary of  the  Interior  may  provide,  must  be  complied  with  in  such 
manner  as  will  afford  all  proper  information  to  claimants  and  their 
attorneys  in  all  pending  claims,  and  at  the  same  time  interfere  as 
little  as  may  be  with  the  work  of  the  bureau. 

(b).  No  one  but  the  claimant  in  person  and  his  recognized  attorney 
in  the  claim,  or  said  attorney's  subagent,  including  the  confidential 
clerk  (duly  accredited)  of  each,  shall  be  permitted  to  examine  the 
reports  of  examining  surgeons  filed  in  the  claim,  and  such  examina- 
tion shall  be  made  subject  to  the*  rules  of  the  Pension  Bureau  in  re- 
spect to  the  calling  up  and  examination  of  cases  by  attorneys. 

(c)  Said  act  of  Congress  does  not  permit  the  copying  of  such  re- 
ports or  any  portion  thereof.  No  person  shall  be  permitted  to  take 
copies  or  make  memoranda  from  such  reports. 

286.  No  examination  of  reports  of  examining  surgeons  shall  be  per- 
mitted in  admitted  cases  wherein  there  is  no  claim  pending. 

287.  No  examination  of  such  reports  shall  be  permitted  in  rejected 
cases,  after  the  lapse  of  three  months  from  the  date  of  rejection,  until 
the  claim  has  been  regularly  reopened  according  to  the  practice  of  the 
bureau,  or  unless  an  appeal  from  the  decision  is  pending. 

288.  No  one  except  the  clerk  in  charge  will  be  permitted  to  examine 
any  certificate  of  disability  for  discharge,  report  of  medical  survey, 
or  certificate  of  death  in  the  Navy  before  the  same  shall  have  been 
applied  to  a  pending  claim,  except  upon  the  order  of  the  commis- 
sioner, deputy  commissioner,  or  chief  clerk,  or  upon  the  written  re- 
quest of  the  Chief  of  the  Law  Division  or  the  Chief  of  the  Special 
Examination  Division. 

RETURN   OF  PAPERS. 

319.  Certificates  of  discharge,  marriage  certificates,  family  records, 
personal  letters,  diaries,  bills  and  receipts,  and  other  personal  papers 
or  articles  which  may  have  been  filed  in  claims  for  pensions,  may,  in 
the  discretion  of  the  commissioner,  be  returned  through  the  Law 
Division  upon  request  of  the  persons  entitled  thereto,  and  whenever 
papers  so  returned  constitute  part  of  the  material  and  essential  evi- 
dence in  a  claim,  photostats  or  other  copies  of  the  same,  or  of  so 
much  thereof  as  may  appear  to  possess  evidential  value,  shall  be 
placed  in  the  case. 

DECLARATIONS  AND  EVIDENCE. 

416.  All  declarations  and  affidavits  must  be  executed  before  some 
officer  duly  authorized  to  administer  oaths  for  general  purposes,  in 
accordance  with  the  provisions  of  the  act  of  Congress  approved 
July  26, 1892. 

417.  Blank  forms  of  declarations  shall  be  furnished  to  claimants 
upon  application  therefor.    They  shall  not  be  furnished  to  agents  or 
attorneys,  but  sample  forms  shall  be  sent  on  request. 


LAWS  GOVERNING  AEMY  AND  NAVY  PENSIONS.  131 

418.  A  claimant  under  any  law  may  prosecute  his  claim  in  person, 
or  by  attorney  under  certain  laws,  and  his  claim  shall  receive  the 
same  consideration  by  the  Bureau  of  Pensions  if  prosecuted  in  person 
as  if  by  attorney. 

PENSIONS  TO  SURVIVORS  OF  WARS  PRIOR  TO  1861,  AND  TO  THEIR 

WIDOWS. 

419.  War  of  the  Revolution,  service  pensions. —  (a)  Widows  of 
soldiers  who  served  for  14  days  or  more,  or  were  in  battle  during  the 
war,  were  entitled,  provided  they  had  not  remarried,  to  $8  per  month 
from  March  9,  1878,  and  $12  per  month  from  March  19,  1886.   (b) 
The  widow  of  a  Eevolutionary  soldier  who,  in  his  lifetime,  was 
granted  a  pension,  was  entitled,  under  section  4743,  Revised  Statutes, 
to  pension  at  the  same  rate  as  was  paid  the  husband,  notwithstanding 
remarriage,  upon  proof  of  widowhood.     (<?)  There  is  no  law  grant- 
ing   pension    to    the    daughters    or    other    descendants    of    soldiers 
of  the  Revolution.     Any  daughters  of  Revolutionary  soldiers  who 
received  pensions  were  placed  on  the  pension  roll  by  special  acts  of 
Congress. 

420.  War  of  1812,  service  pensions. —  (a)  Under  the  act  of  March  9, 
1878,  soldiers  and  sailors  who  served  14  days  or  more,  or  were  in 
any  engagement,  during  this  war,  and  were  honorably  discharged, 
and  the  widows  of  such  soldiers  and  sailors,  irrespective  of  the  date 
of  marriage,  are  entitled  to  $8  per  month  from  March  9.   1878. 
Under  the  act  of  March  19,  1886,  widow  pensioners  mentioned  in 
this  paragraph  are  entitled  to  $12  per  month  from  that  date,     (b) 
There  is  no  law  granting  service  pensions  to  the  descendants  of 
soldiers  or  sailors  of  the  War  of  1812. 

421.  Indian  wars  from  1832  to  18$,  service  pensions. — The  act 
of  July  27,  1892,  provides  pensions  for  the  surviving  officers  and 
enlisted  men,  including  marines,  militia,  and  volunteers,  who  were  in 
the  military  or  naval  service  of  the  United  States  for  30  days  in  the 
Black  Hawk  War,  the  Creek  War,  the  Cherokee  disturbances,  or  the 
Florida  War  with  the  Seminole  Indians,  and  were  honorably  dis- 
charged ;  or  who  were  personally  named  in  any  resolution  of  Congress 
for  specific  services  therein ;  and  for  their  widows,  provided  they  have 
not  remarried.    Claimants  under  this  act  must  be  actual  and  bona  fide 
residents  of  the  United  States  at  the  date  of  making  application.    All 
pensions  under  this  act  are  fixed  at  $8  per  month,  irrespective  of  rank, 
and  are  payable  from  July  27,  1892,  or,  in  widows'  cases,  where  the 
soldier  died  subsequent  to  July  27,  1892,  from  the  date  of  his  death. 
The  rate  for  widows  is  increased  to  $12  by  the  act  of  April  19,  1908, 
and  the  rate  for  survivors  to  $20  by  the  act  of  February  19,  1913. 

422.  Indian  wars  from  1817  to  1858. — The  provisions  of  the  fore- 
going act  of  July  27,  1892,  were  extended  by  the  act  of  June  27,  1902, 
from  the  date  of  its  passage,  to  the  surviving  officers  and  enlisted 
men,  including  marines,  militia,  and  volunteers  of  the  military  and 
naval  service  of  the  United  States  who  served  for  30  days  or  more 
and  were  honorably  discharged  under  the  United  States  military, 
State,  Territorial,  or  provisional  authorities  in  certain  specified  In- 
dian wars  occurring  from  1817  to  1858.    This  act  also  made  provision 
for  the  surviving  widows  of  such  officers  and  men  who  have  not  re- 
married.   In  establishing  these  claims  a  record  of  pay  by  the  United 
States  is  accepted  to  prove  record  of  enlistment  and  service. 


132  LAWS  GOVERNING  ARMY  AND   NAVY  PENSIONS. 

423.  Indian  wars,  etc.,  from  1855  to  1860. — The  provisions  of  the 
foregoing  act  of  July  27,  1892,  were  extended  by  the  act  of  May  30, 
1908,  to  the  surviving  officers  and  enlisted  men  of  the  Texas  volun- 
teers who  served  in  the  defense  of  the  frontier  of  that  State  against 
Mexican  marauders  and  Indian  depredations  from  the  year  1855  to 
the  year  1860,  inclusive,  and  to  the  surviving  widows  of  such  officers 
and  men  who  have  not  remarried.     In  establishing  these  claims, 
where  there  is  no  record  of  enlistment  or  muster  into  the  service  of 
the  United  States,  the  fact  of  reimbursement  to  the  State  of  Texas 
by  the  United  States,  as  evidenced  by  the  muster  rolls  and  vouchers 
on  file  in  the  bureau,  shall  be  accepted  as  full  and  satisfactory  proof 
of  such  enlistment  and  service. 

424.  Mexican  War,  service  pensions. —  (a)  Under  the  act  of  Janu- 
ary 29,  1887,  officers  and  enlisted  men  who  were  in  the  military  or 
naval  service  of  the  United  States  for  60  days  in  the  Mexican  W ar. 
or  on  the  coasts  or  frontier  thereof,  or  en  route  thereto,  or  who  were 
in  a  battle  and  were  honorably  discharged,  or  who  were  personally 
named  in  any  resolution  of  Congress  for  specific  services  therein,  are 
entitled  to  pension  if  62  years  of  age;  or,  if  not.  upon  proof  of  pen- 
sionable disability  or  dependence,  but  disability  incurred  while  volun- 
tarily aiding  or  abetting  the  late  rebellion  does  not  give  title  to  pen- 
sion,    (b)  Widows  of  officers  and  enlisted  men  who  served  as  above 
are  entitled  to  pension  upon  the  same  conditions  as  to  age  or  de- 
pendence as  apply  to  officers  and  enlisted  men.     (c)  Pensions  under 
this  act  commence  on  January  29,  1887,  if  a  pensionable  condition 
existed  at  that  date,  in  survivors'  claims,  by  reason  of  age,  depend- 
ence, or  disability,  and  in  widows'  claims,  by  reason  of  age  or  de- 
pendence ;  if  not,  then  on  the  date  the  applicant  becomes  62  years 
of  age,  or  dependent,  or  disabled  within  the  meaning  of  the  law. 

(d)  The  rate  of  pension  to  survivors  is  $8  per  month,  irrespective  of 
rank.    This  rate  for  survivors  was  increased  by  the  act  of  January  5, 
1893,  to  $12  per  month,  but  its  benefits  were  limited  to  those  who 
were  pensioners  on  January  5,  1893.    To  secure  this  increase  the  act 
requires  that  a  pensioner  must  show  that  he  is  wholly  disabled  for 
manual  labor  and  in  such  destitute  circumstances  that  $8  per  month 
is  a  sum  insufficient  to  provide  him  with  the  necessaries  of  life.    The 
act  of  April  23,  1900,  removed  the  limitation  imposed  in  the  act  of 
January  5,  1893.    The  act  of  March  3,  1903,  pensions  all  survivors  of 
the  Mexican  War  at  $12  per  month,  irrespective  of  the  conditions 
named  in  the  act  of  January  5,  1893,  and  the  act  of  April  23,  1900. 

(e)  The  pension  to  a  widow  under  this  act  is  $8  per  month,  but  the 
act  of  April  19,  1908,  establishes  a  minimum  rate  of  $12  per  month 
for  all  pensions  granted  to  widows.     (/)   Descendants  of  deceased 
Mexican  War  soldiers  are  not  entitled  to  service  pension. 

425.  Act  of  February  6,  1907. — Under  this  act  any  person  who 
served  60  days  in  the  War  with  Mexico  in  the  military  or  naval 
service  of  the  United  States  and  has  been  honorably  discharged 
therefrom,  and  who  has  reached  the  age  of  62  years  or  over,  is  en- 
titled to  a  pension  at  the  following  rates,  irrespective  of  rank:  At 
62  years,  $12  per  month ;  at  70  years,  $15  per  month ;  and  at  75  years 
or  over,  $20  per  month.    Pension  commences  from  the  date  of  filing 
claim  in  the  Bureau  of  Pensions  subsequent  to  February  6,  1907, 
after  attaining  the  specified  age. 


LAWS  GOVERNING  ARMY  AND   NAVY  PENSIONS.  13 3 

426.  Act  of  May  11,  1912. — This  act  provides  that  any  person 
who  served  60  days  or  more  in  the  War  with  Mexico  and  has  been 
honorably  discharged  therefrom  shall  receive  a  pension  of  $30  per 
month. 

427.  Pensions  for  disability  or  death  due  to  service  prior  to  March  h 
1861. —  (a)    Soldiers  who  were  wounded  or  injured,  or  who  con- 
tracted disease  in  the  line  of  duty,  are  entitled  to  pension  corre- 
sponding in  rate  to  the  degree  of  the  disability  incurred  in  the 
service.     Persons  who  rendered  naval  service  are  entitled  to  a  like 
pension,  under  the  same  conditions,  excepting  that  no  pension  may 
be  granted  to  an  engineer,  fireman,  or  coalheaver  for  disability  in- 
curred prior  to  August   31,   1842.     (b)    The   widows,   or   children 
under  16  years  of  age,  of  soldiers  who  served  prior  to  March  4,  1861, 
are  entitled  to  pension,  if  the  soldier's  death  was  due  to  causes 
originating  in  time  of  actual  war,  and  not  otherwise.     Widows,  or 
children  under  16,  of  sailors  who  served  prior  to  March  4,  1861,  are 
entitled  to  pension  only  when  the  death  of  the  sailor  occurred  in  the 
service  and  in  the  line  of  duty,     (c)   Pensions  mentioned  in  this 
paragraph,  if  not  applied  for  within  three  years  from  the  discharge 
or  death  of  the  person  on  whose  account  the  right  to  pension  exists, 
or  within  three  years  of  the  termination  of  a  pension  previously 
granted  on  account  of  the  service  and  death  of  such  person,  com- 
mence from  the  date  of  filing  by  the  person  prosecuting  the  claim 
the  last  paper  necessary  to  establish  the  same,     (d)  The  rate  of  pen- 
sion allowed  to  one  whose  pensionable  rights  accrued  prior  to  March 
4,  1861,  is  subject  to  variation,  after  July  25, 1866,  in  accordance  with 
the  laws  passed  since  March  4,  1861.     (e)  There  is  no  provision  of 
law  granting  pensions  to  the  parents,  brothers,  or  sisters  of  persons 
who  rendered  military  or  naval  service  prior  to  March  4,  1861. 

PENSIONS  TO  INVALIDS  SINCE  MARCH  4,    1861. 

428.  Sections  $9%  and  4693,  Revised  Statutes.— The  declarations 
should  set  forth  the  company  and  regiment  in  which  the  applicant 
served,  the  name  of  the   commanding  officer  of   the   company  or 
organization,  and  the  dates  of  enlistment  and  discharge,  with  per- 
sonal description  at  enlistment.     In  Navy  cases,  the  vessels  on  which 
claimant  served  should  be  stated.     If  the  claim  is  made  on  account 
of  a  wound  or  injury,  the  declaration  should  set  forth  the  nature  and 
locality  of  the  wound  or  injury,  the  time  when,  the  place  where,  and 
the  circumstances  under  which  it  was  received,  and  the  duty  upon 
which  the  applicant  was  engaged. 

If  the  wound  or  injury  was  accidental,  the  applicant  should  state 
whether  it  happened  through  his  own  agency,  or  that  of  other  per- 
sons, and  he  should  detail  minutely  the  circumstances  under  which  it 
was  received. 

If  the  claim  is  made  on  account  of  disability  from  disease,  the 
applicant  should  state  in  said  declaration  when  the  disease  first 
appeared,  the  place  where  he  was  when  it  appeared,  and  the  duty 
upon  which  he  was  engaged  at  the  time.  He  should  also  detail  the 
circumstances  of  exposure,  and  the  causes  which,  in  his  opinion, 
produced  the  disease.  Whether  the  application  be  made  on  account 
of  disability  from  wound,  injury,  or  disease,  the  claimant  should 


134  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

state  the  names,  addresses,  and  localities  of  all  hospitals  in  which  he 
received  medical  or  surgical  treatment,  giving  the  dates  of  his 
admission  thereto,  as  correctly  as  he  may  be  able. 

429.  The  applicant  should  state  in  the  declaration  each  and  every 
permanent  disability  which  he  claims  he  contracted  in  the  service  in 
line  of  duty,  and  should  also  state  definitely  that  the  disabilities 
named  are  the  only  disabilities  so  contracted.     If  such  statement  be 
not  embodied  in  the  declaration,  the  applicant  shall  be  required  to 
make  it  in  a  supplemental  affidavit ;  and  this  requirement  shall  apply 
to  claims  heretofore  made  and  now  pending. 

The  applicant  should  state  his  post-office  address,  including  street 
and  number,  or  rural  free  delivery  route,  if  any.      * 

430.  In  declarations  for  original  invalid  pensions  under  sections 
4692  and  4693,  Revised  Statutes,  the  signature  of  the  applicant  should 
be  witnessed  by  the  signatures  of  two  competent,  credible  witnesses, 
who  should  appear  with  him  before  the  officer  whose  jurat  is  attached 
to  the  declaration. 

EVIDENCE  KEQUIRED  IN  A  CLAIM   FOB  INVALID  PENSION. 

431.  After  the  receipt  of  an  application  for  pension  a  call  shall  be 
made,  in  Army  cases,  upon  The  Adjutant  General  for  the  full  military 
and  medical  history  of  the  applicant,  as  shown  by  the  records  of  the 
War  Department.     In  Navy  cases,  calls  for  such  evidence  shall  be 
made  upon  the  proper  bureaus  of  the  Navy  Department. 

432.  Since  the  consolidation  of  the  records  on  file  in  the  War 
Department  in  February,  1889,  it  is  often  practicable  to  obtain  addi- 
tional information  relating  to  a  soldier's  service  and  hospital  treat- 
ment, and  when  the  report  heretofore  furnished  by  the  War  Depart- 
ment was  made  prior  to  said  consolidation  of  the  records  another  call 
should  be  made  on  the  War  Department  for  a  military  and  medical 
history  of  the  soldier,  returning 'the  reports  now  on  file. 

433.  When  the  records  of  the  War  or  Navy  Department  do  not 
furnish  satisfactory  evidence  that  the  disability  on  account  of  which 
the  claim  is  made  originated  in  the  service  of  the  United  States,  and  in 
the  line  of  duty,  the  claimant  shall  be  required  to  furnish  such  evi- 
dence in  accordance  with  the  instructions  hereinafter  given,  and  com- 
pliance with  such  requirement  must  be  full  and  definite. 

434.  ''''Line  of  duty  "  is  a  technical  phrase,  which  is  defined  in  the 
administration  of  the  pension  laws  as  that  relation  which  a  soldier  or 
sailor  sustains  to  the  military  or  naval  service  of  the  United  States 
when  performing  an  act  connected  with  any  of  the  possible  conditions 
or  requirements  of  the  service,  or  in  the  observance  of  the  proper 
orders  of  his  superiors,  not  in  violation  of  the  Army  or  Navy  regu- 
lations. 

435.  If  the  disability  resulted  from  a  wound  or  injury,  the  nature 
and  location  of  the  wound  or  injury,  the  time  when,  the  place  where, 
and  the  manner  in  which  it  was  received,  whether  in  battle  or  other- 
wise, should  be  shown  by  the  evidence  of  some  one  who  was  a  commis- 
sioned officer  and  had  personal  knowledge  of  the  facts. 

436.  If  the  person  called  upon  to  give  evidence  is  still  in  the  service 
as  a  commissioned  officer,  his  certificate  shall  be  accepted  in  lieu  of  his 
affidavit.    If  there  is  no  record  of  the  disability  claimed,  the  applicant 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  135 

shall  be  called  upon  to  furnish  the  testimony  of  the  surgeon  by  whom 
he  was  treated,  showing  the  location  and  nature  of  the  wound -or 
injury  and  the  circumstances  under  which  it  was  received. 

437.  If  the  disability  arose  from  disease,  the  testimony  of  the  medi- 
cal officer  who  treated  the  applicant  in  service  should  be  furnished,  if 
possible,  showing  the  name  and  nature  of  the  disease,  the  time  when, 
the  place  where  it  was  contracted,  and  the  circumstances  of  exposure 
to  the  causes  which,  in  his  opinion,  produced  the  same ;  and  he  should 
state  whether,  in  his  opinion,  the  habits  of  the  applicant  were  con- 
tributory to  the  origin  or  development  of  the  disease. 

438.  In  any  claim,  whether  based  on  wound,  injury,  or  disease,  if 
it  be  shown  that  the  testimony  of  a  surgeon,  assistant  surgeon,  or 
other  commissioned  officer  can  not  be  produced  as  evidence  of  the 
origin  of  the  disability  alleged,  the  testimony  of  other  persons  hav- 
ing personal  knowledge  of  the  facts  shall  be  considered. 

439.  In  a  claim  on  account  of  disability  from  disease  the  applicant 
must  furnish  the  testimony  of  each  physician  who  has  attended  him 
since  the  date  of  discharge,  explicitly  setting  forth  the  history  of  the 
disease  and  the  disability  since  its  first  appearance.    It  is  especially 
important  that  the  physician  who  first  attended  the  applicant  after 
his  discharge  state  the  date  at  which  the  attendance  commenced.    If 
it  should  not  be  possible  for  the  applicant  to  show  the  condition  of 
his  health  during  the  whole  period  since  the  date  of  his  discharge  by 
the  testimony  of  physicians,  the  cause  of  his  inability  to  do  so  should 
be  stated  by  him,  under  oath.    The  testimony  of  other  persons  on  this 
point  may  then  be  presented.    Statements  of  witnesses  in  regard  to 
the  manner  in  which  the  applicant  was  affected  should  be  full  and 
definite  and  should  show  how  such  witnesses  obtained  a  knowledge  of 
the  facts  to  which  they  testify. 

440.  The  act  of  March  3, 1885,  provides  that  all  applicants  for  pen- 
sions shall  be  presumed  to  have  had  no  disability  at  the  time  of  en- 
listment; but  such  presumption  may  be  rebutted.    It  has  been  held 
that  after  six  months'  continuous  service  immediately  following  en- 
listment uninterrupted  by  the  incurrence  of  any  pensionable  disabil- 
ity, diseases  contracted  thereafter  shall  be  accepted  as  due  to  the 
service  upon  record  evidence  alone.    If  there  is  a  record  of  the  al- 
leged disease  soon  after  the  soldier's  enlistment,  and  the  evidence 
raises  a  doubt  as  to  its  origin  in  the  service,  the  questions  of  prior 
soundness  and  origin  should  be  determined  by  special  examination, 
but  all  the  surroundings  of  the  case  should  be  carefully  considered 
before  this  course  is  taken. 

441.  Injuries  are  not  accepted  as  established  merely  on  a  record 
of  treatment  for  same  in  service,  for  the  reason  that  they  may  or  may 
not  have  been  received  in  line  of  duty.    There  is  no  class  of  claims 
which  should  be  more  carefully  guarded  than  those  for  injuries  and 
the  evidence  produced  to  show  origin  thereof  in  service  and  line  of 
duty  should  always  be  based  upon  actual  personal  knowledge  of  the 
nature  and  extent  of  the  injury,  as  well  as  the  circumstances  under 
which  such  injury  was  received,  in  order  that  the  bureau  may  be  able 
to  determine  the  question  of  origin  in  the  line  of  duty. 

442.  Act  of  June  87, 1890,  as  amended  by  act  of  May  9, 1900. — Any 
officer,  soldier,  sailor,  or  marine  who  served  90  days  or  more  in  the 
military  or  naval  service  of  the  United  States  during  the  late  War 

70942°— 17 10 


136 


LAWS  GOVERNING  AEMY  AND  NAVY  PENSIONS. 


of  the  Rebellion,  who  has  been  honorably  discharged  therefrom,  and 
who  is  suffering  from  disability  of  a  permanent  character,  not  the 
result  of  his  own  vicious  habits,  which  incapacitates  him  from  the 
performance  of  manual  labor  in  such  a  degree  as  to  render  him 
unable  to  earn  a  support,  is  entitled  to  a  pension  under  this  act  of  not 
less  than  $6  nor  more  than  $12  per  month. 

443.  The  act  of  May  9,  1900,  amending  the  act  of  June  27,  1890, 
provides  that,  in  determining  inability  to  earn  a  support,  each  and 
every  infirmity  shall  be  considered,  and  the  aggregate  of  the  disabili- 
ties shown  be  rated.     These  acts  require  an  honorable  discharge  from 
each  and  every  term  of  service  rendered  during  the  War  of  the  Rebel- 
lion.   A  modification  of  this  requirement  has  resulted,  by  reason  of 
the  provisions  of  section  2  of  the  joint  resolution  of  July  1,  1902,  as 
amended  by  the  joint  resolution  of  June  28,  1906.     As  the  law  now 
stands  the  honorable  discharge  of  any  soldier  or  sailor  from  any  sub- 
sequent contract  of  service  entered  into  by  him  during  the  late  War 
of  the  Rebellion  is  regarded  as  an  honorable  discharge  from  all  previ- 
ous contracts  of  service  previously  entered  into  by  him  with  the  United 
States  during  the  said  war,  if  the  service  under  such  subsequent  con- 
tract was  for  not  less  than  six  months,  and  was  faithful,  and  if  he  had 
not  received  by  reason  of  the  subsequent  service  any  bounty  or  gra- 
tuity other  than  from  the  United  States  in  excess  of  that  to  which  he 
would  have  been  entitled  if  he  had  continued  to  serve  faithfully  until 
honorably  discharged  under  any  contract  of  service  previously  en- 
tered into  by  him  during  the  War  of  the  Rebellion.     The  limitation 
of  section  4716,  Revised  Statutes,  operated  against  claimants  under 
these  acts  until  July  1, 1902,  the  date  of  the  passage  of  the  joint  reso- 
lution above  referred  to,  the  first  section  of  which  removed  the  limita- 
tion as  to  disloyalty,  except  as  to  those  who  enlisted  in  the  Army 
or  Navy  of  the  United  States  after  January  1,  1865. 

444.  Acts  of  February  6,  1907,  and  March  4,  1907.— By  the  terms  of 
these  acts  any  person  who  served  90  days  or  more  in  the  military  or 
naval  service  of  the  United  States  during  the  late  Civil  War,  and  who 
has  been  honorably  discharged  therefrom,  is  entitled  to  a  pension  at 
the  following  rates,  irrespective  of  rank :  At  62  years  of  age,  $12  per 
month;  70  years  of  age,  $15  per  month;  75  years  or  over,  $20  per 
month.     Pension  commences  from  the  date  of  filing  claim  in  the 
Bureau  of  Pensions,  subsequent  to  February  6,  1907,  after  attaining 
the  specified  age. 

The  bases  of  title  under  these  acts,  except  as  herein  otherwise 
stated,  are  the  same  as  under  the  act  of  June  27,  1890,  as  amended  by 
the  act  of  May  9,  1900. 

445.  Act  of  May  11,  1912. — By  the  terms  of  this  act  any  person 
who  served  90  days  or  more  in  the  military  or  naval  service  of  the 
United  States  during  the  late  Civil  War,  and  who  has  been  honorably 
discharged  therefrom,  is  entitled  to  a  pension  at  various  rates,  irre- 
spective of  rank,  based  upon  age  and  length  of  service,  as  follows : 


Age. 

90  days. 

6  months. 

1  year. 

1J  years. 

2  years. 

2J  years. 

3  years. 

62 

$13 

$13.  50 

$14 

$14.  50 

$15 

$15.  .50 

$16 

66 

15 

15.50 

16 

16.50 

17 

18.00 

19 

70 

18 

19.00 

20 

21.50 

23 

24.00 

25 

75 

21 

22.50 

24 

27.00 

30 

30.00 

30 

LAWS  GOVERNING  AEMY  AND   NAVY  PENSIONS.  137 

44(5.  If  a  soldier  was  wounded  in  battle  or  in  line  of  duty  and 
received  an  honorable  discharge,  and  is  now  unfit  for  manual  labor" 
by  reason  thereof;  or,  from  disease  or  other  causes  incurred  in  line 
of  duty,  resulting  in  his  disability,  is  now  unable  to  perform  manual 
labor,  he  shall  be  paid  the  maximum  pension  under  this  act  without 
regard  to  length  of  service  or  age. 

447.  Pensions  under  act  of  May  11,  1912,  commence  from  the  date 
of  filing  of  the  applications  in  the  Bureau  of  Pensions. 

448.  Act  of  March  4,  1913. — Under  the  terms  of  this  act,  increase 
of  pension  under  the  act  of  May  11,  1912,  on  account  of  advancing 
age  shall  be  made  without  further  application  by  pensioner,  and  shall 
take  eifect  and  commence  from  the  date  he  is  shown  to  have  attained 
the  age  provided  by  this  act  as  the  basis  of  rating. 

In  considering  claims  under  this  act,  an  examiner  is  not  prevented 
from  making  such  further  investigation  as  to  date  of  birth  as  is 
deemed  necessary  in  order  to  establish  a  record  upon  which  further 
increases  of  rate  on  account  of  advancing  age  may  be  possible,  the 
object  being  to  advance  automatically  the  rate  of  pension. 

449.  Claims  for  increase  of  invalid  pensions. — A  pensioner  who 
may  deem  himself  entitled  to  an  increase  of  pension  should  file  a 
declaration  setting  forth  the  grounds  upon  which  he  bases  his  claim. 
Upon  the  receipt  of  such  claim,  the  same  shall  be  taken  up  to  deter- 
mine the  propriety  of  ordering  a  medical  examination. 

450.  Claims  for  restoration  and  renewal  of  pension. — In  cases  of 
unclaimed  pensions   (sec.  4719,  R.  S.)  there  must  be  filed  evidence 
specifically  accounting  for  the  failure  to  claim  the  pension,  and,  in 
the  case  of  invalids,  medical  evidence  showing  the  continuance  of 
the  disability  on  account  of  which  pension  was  allowed. 

Application  for  renewal  of  pension  must  be  made  by  a  declaration 
executed  as  in  original  claims,  setting  forth  that  the  cause  for  which 
pension  was  granted  still  continues. 

NAVY   SERVICE  ALLOWANCES. 

451.  Under  sections  4756  and  4757,  Revised  Statutes,  pensions  for 
20  years'  service  and  for  10  years'  service,  respectively,  are  allowed 
by  the  Secretary  of  the  Navy  to  enlisted  men  and  appointed  petty 
officers  who  have  not  been  discharged  for  misconduct.    Pension  com- 
mences from  the  date  of  filing  the  claim  therefor  in  the  Navy  De- 
partment; and  for  20  years'  service  amounts  to  one-half  the  monthly 
pay  of  the  applicant's  rating  at  his  discharge ;  for  10  years'  service  the 
pension  can  not  exceed  the  rate  for  total  disability  or  one-fourth  of 
the  rate  of  pension  he  is  receiving  for  disability,  and  is  fixed,  as  is 
also  its  duration,  by  the  Navy  Department.    An  application  for  pen- 
sion under  the  sections  referred  to  should  be  made  to  the  Secretary  of 
the  Navy. 

PENSIONS   TO  WIDOWS   SINCE   MARCH  4,    1861. 

452.  Sections  Jf702  and  4703,  Revised  Statutes. — To  obtain  pension 
under  these  sections  it  must  be  shown  that  the  soldier  or  sailor  died 
of  a  disability  contracted  in  the  service  and  in  the  line  of  duty.    The 
date,  place,  and  cause  of  death  of  the  soldier  or  sailor  through  whom 
the  pension  is  claimed  should  be  shown  by  a  verified  transcript  of 


138  LAWS  GOVERNING  ARMY  AND   NAVY  PENSIONS. 

the  public  record.  When  the  public  record  is  indefinite  as  to  the  cause 
of  death,  and  when  it  is  necessary  to  show  the  pathological  connec- 
tion between  the  death  cause  as  shown  in  the  record  and  the  disability 
as  proven  of  service  origin,  the  testimony  of  the  attending  physician 
should  be  filed,  giving  a  full  history  of  the  soldier's  fatal  illness  and 
the  mode  and  manner  of  death ;  but  when  this  is  impossible  the  testi- 
mony of  other  persons  who  are  acquainted  with  the  circumstances  may 
be  furnished. 

453.  Proof  of  marriage. — The  marriage  of  the  applicant  to  the  per- 
son on  account  of  whose  service  and  death  the  claim  is  made  should 
be  shown  by  the  best  obtainable  evidence  in  the  following  order— 

(1)  By  a  duly  verified  copy  of  a  public  or  church  record;  or 

(2)  By  the  affidavit  of  the  clergyman  or  magistrate  who  ofliciated ; 
or 

(3)  By  the  testimony  of  two  or  more  eyewitnesses  to  the  cere- 
mony; or 

(4)  By  the  testimony  of  two  or  more  witnesses  who  know  that  the 
parties  lived  together  as  husband  and  wife  and  were  recognized  as 
such,  and  who  shall  state  how  long,  within  their  knowledge,  such 
cohabitation  continued;  or 

(5)  By  a  duly  verified  copy  of  the  church  record  of  baptism  of  the 
children. 

The  highest  evidence  obtainable  in  the  order  of  preference  above 
stated  shall  be  required.  Inability  to  furnish  the  higher  kind  of 
evidence  must  be  clearly  shown  before  the  next  lower  kind  is  ad- 
missible. 

454.  Section  2,  of  the  act  of  August  7.  1882,  provides : 

That  marriages,  except  such  as  are  mentioned  in  section  4705,  of  the  Revised 
Statutes,  shall  be  proven  in  pension  cases  to  be  legal  marriages  according  to 
the  law  of  the  place  where  the  parties  resided  at  the  time  of  marriage  or  at 
the  time  when  the  right  to  pension  accrued. 

455.  Section  4705,  Revised  Statutes,  provides  that  in  the  claims  of 
the  widows  and  children  of  colored  and  Indian  soldiers  and  sailors 
based  on  death  due  to  disabilities  incurred  in  service  in  line  of  duty 
there  need  be  no  other  evidence  of  marriage  than  satisfactory  proof 
that  the  parties  were  joined  in  marriage  by  some  ceremony  deemed 
by  them  obligatory,  or  habitually  recognized  each  other  as  husband 
and  wife,  and  were  so  recognized  by  their  neighbors,  and  lived  to- 
gether as  such  up  to  the  date  of  enlistment,  when  such  soldier  or 
sailor  died  in  the  service,  or,  if  otherwise,  to  the  date  of  his  death. 
This  section  shall  not  apply  to  claims  on  account  of  persons  who 
enlisted  after  March  3,  1873. 

456.  If  either  applicant  or  soldier  has  been  previously  married,  the 
death  or  divorce  of  all  former  consorts  should  be  proven,  in  the  case 
of  death,  preferably  by  verified  copy  of  the  public  or  church  record 
or  by  the  testimony  of  credible  witnesses;  and  in  the  case  of  divorce, 
by  certified  copy  of  the  decree  of  court.    If  there  was  no  prior  mar- 
riage on  the  part  of  the  applicant  or  the  soldier,  this  fact  should 
be  shown  by  the  testimony  of  at  least  two  credible  witnesses  who 
have  known  the  applicant  and  the  soldier  from  the  time  they  became 
of  marriageable  age. 

457.  In  the  claim  of  a  widow,  competent  testimony  should  be  pro- 
duced showing  whether  she  and  the  soldier  were  ever  divorced,  and 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  139 

whether  they  lived  together  as  husband  and  wife  up  to  the  date  of 
the  soldier's  death.  If  for  any  reason  thejr  were  not  living  together 
at  the  time  of  his  death,  but  their  separation  was  by  mutual  agree- 
ment or  otherwise  and  not  by  legal  divorce,  all  the  facts  relating  to 
such  separation  should  be  fully  produced,  in  order  that  her  rights 
may  be  fully  and  clearly  determined. 

458.  Under  the  act  of  March  3,  1899,  a  widow  who  did  not  marry 
the  soldier  prior  to  the  date  of  the  act,  or  prior  to  or  during  his 
service,  has  no  title  to  widow's  pension  unless  it  be  shown  that  she 
lived  and  cohabited  with  him  continuously  from  the  date  of  mar- 
riage to  the  date  of  his  death,  or,  in  case  of  separation,  that  such 
separation  was  through  no  fault  of  hers.    The  widows  of  Spanish 
War  soldiers  are  excepted  from  the  operation  of  this  act. 

459.  Proof  of  dates  of  birth  of  children. — The  dates  of  birth  of 
children  should  be  proved  by  the  best  obtainable  evidence  in  the  fol- 
lowing order — 

(1)  By  a  duly  verified  copy  of  the  public  record  of  births,  or  the 
church  record  of  baptism;  or 

(2)  By  the  affidavit  of  the  physician  who  attended  the  mother;  or 

(3)  By  the  testimony  of  persons  who  were  present  at  the  births,, 
who  should  state  how  they  are  now  able  to  fix  the  precise  dates. 

(4)  Where  the  evidence  called  for  in  the  preceding  paragraphs 
can  not  be  obtained,  the  best  obtainable  evidence  should  be  furnished 
in  order  to  enable  the  bureau  to  approximate  the  dates  of  birth. 
It  is  worthy  of  note  that  the  records  of  the  Census  Bureau  not  infre- 
quently afford  information  on  this  point. 

Inability  to  furnish  the  higher  kind  of  evidence  must  be  clearly 
shown  before  the  next  lower  kind  is  admissible. 

If  any  child  of  the  person  on  whose  account  the  claim  is  made 
died  after  the  date  at  which  the  widow's  pension  would  commence, 
the  date  of  death  must  be  shown. 

460.  Children  born  before  the  marriage  of  their  parents,  if  acknowl- 
edged by  the  father  before  or  after  marriage,  shall  be  deemed  legiti- 
mate. 

461.  The  additional  pension  granted  to  the  widow  on  account  of 
the  minor  children  of  the  soldier  by  a  former  wife  can  be  paid  her 
only  for  such  period  of  her  widowhood  as  she  has  been  or  shall  be 
charged  with  the  maintenance  of  such  children. 

462.  Act  of  June  %7,  1890 ,  as  amended  ~by  act  of  May  9,  1900. — 
Pensions  under  these  acts  are  granted  to  widows  upon  proof — 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
War  of  the  Eebellion. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.     Under  the  act  of  March  13,  1896,  his 
death  may  be  presumed  after  seven  years  unexplained  absence. 

(4)  That  the  widow  is  without  means  of  support  other  than  her 
daily  labor  and  such  actual  net  income  as  is  provided  by  the  act  of 
May  9,  1900. 

(5)  That  she  married  the  soldier  or  sailor  prior  to  June  27, 1890. 

463.  Act  of  April  19, 1908. — Pensions  under  this  act  are  granted  to 
widows  upon  proof— 

(1)  That  the  soldier  or  sailor  served  at  least  90  days  during  the 
Civil  War. 


140  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

(2)  That  he  was  honorably  discharged. 

(3)  That  he  is  dead,  but  his  death  need  not  have  been  the  result 
of  his  Army  or  Navy  service.     Under  the  act  of  March  13,  1896,  his 
death  may  be  presumed  after  seven  years  unexplained  absence. 

(4)  That  she  was  married  to  the  soldier  or  sailor  prior  to  June 
27,  1890. 

464.  In  widows'  claims  under  the  act  of  June  27,  1890,  as  amended, 
or  under  the  act  of  April  19,  1908,  the  provisions  of  the  joint  resolu- 
tion of  July  1,  1902,  and  amendments,  apply  the  same  as  in  invalid 
claims. 

PENSIONS  TO  MINORS  SINCE   MARCH  4,    1861. 

465.  Sections  4702  and  4703,  Revised  Statutes.— To  obtain  title  to 
pension  under  these  sections  it  must  be  shown  that  the  father  of  the 
minor  children  died  of  a  disability  contracted  in  the  service  and  in 
the  line  of  duty;   and,  in  addition,  proof  must  be  furnished   as 
follows : 

(1)  The  cause  and  date  of  the  father's  death,  the  marriage  of  the 
parents,  and  the  dates  of  birth  of  the  children  must  be  established  as 
in  widows'  claims.     When,  however,  satisfactory  proof  upon  these 
points  has  been  furnished  in  the  claim  of  the  widow,  it  will  not  again 
be  required  in  the  claim  on  behalf  of  the  minors. 

(2)  If  the  mother  of  the  children  is  dead,  the  date  of  her  death 
must  be  proved.    If  she  remarried,  her  remarriage  must  be  shown  in 
the  same  manner  that  her  marriage  to  the  father  of  the  children  is 
required  to  be  established.    If  the  claim  is  based  on  the  fact  that  the 
widow  has  abandoned  the  care  of  the  children,  or  that  she  is  an  un- 
suitable person,  by  reason  of  immoral  conduct,  to  have  the  custody 
of  them,  and  such  fact  be  duly  certified  under  seal,  by  any  court 
having  probate  jurisdiction,  or  be  shown  by  satisfactory  evidence, 
the  children  are  given  a  pensionable  status  by  section  470G,  Revised 
Statutes,  to  the  exclusion  of  the  widow,  until  they  severally  attain 
the  age  of  16  years,  to  commence  from  the  date  of  last  payment  to 
the  widow,  if  she  be  a  pensioner,  and  if  not,  from  the  date  on  which 
her  pensionable  rights  accrued. 

(3)  If  the  mother  of  the  children  died  before  the  father,  it  must 
be  shown  whether  he  again  married. 

(4)  It  must  be  shown  whether  the  father  left  any  other  pension- 
able child  than  the  minors  for  whose  benefit  the  claim  is  made,  and,  if 
so,  why  such  child  was  not  mentioned  in  the  application.    In  minors' 
claims  pension  can  not  be  allowed  on  account  of  a  child  who  died 
prior  to  the  allowance  of  the  claim. 

466.  Act  of  June  87,  1890,  as  amended  ~by  act  of  May  9,  1900.— 
Minor  children  have  title  under  these  acts  upon  the  death  or  remar- 
riage of  the  widow  of  the  soldier  or  sailor.     Where,  however,  the 
widow  was  not  married  to  the  soldier  or  sailor  prior  to  June  27,  1890, 
and  his  death  cause  did  not  originate  in  the  service  and  in  the  line  of 
duty;  or  where  she  has  forfeited  her  title  to  pension  by  open  and 
notorious  adulterous  cohabitation,  or  has  been  suspended  under  the 
provisions  of  section  4706,  Revised  Statutes,  the  minor  takes  title, 
even  though  the  widow  be  alive  and  unmarried. 

467.  A  minor's  claim  for  pension  may  be  made  and  prosecuted  by 
the  minor  himself  or  by  a  next  friend  or  guardian,  but  if  the  claim  is 
allowed  before  his  majority  the  payment  of  pension  shall  be  made 
only  to  a  duly  appointed  guardian. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  141 

PENSIONS  TO  HELPLESS  CHILDREN. 

468.  The  first  proviso  of  the  third  section  of  the  act  of  June  27, 
1890,  as  amended  by  the  act  of  May  9,  1900,  continues  the  pension  of 
a  minor  child  who  is  insane,  idotic,  or  otherwise  physically  or  men- 
tally helpless,  after  it  becomes  16  years  of  age,  during  the  life  of 
said  child,  or  during  the  period  of  such  disability.     The  benefits 
of  this  proviso  are  extended  to  all  pensions  granted  before  June  27, 
1890,  or  thereafter  granted,  under  any  statute.     The  pension  a4- 
lowed  by  the  proviso  commences  from  the  date  of  the  filing  of  the 
application  therefor  in  the  Bureau  of  Pensions.    In  order  to  obtain 
title,  the  helplessness  of  the  child  must  have  originated  prior  to 
attaining  the  age  of  16  years,  and  have  continued  thereafter. 

469.  No  helpless  child  of  the  soldier  over  16  years  of  age  at  the 
date  of  death  of  the  soldier  has  title  to  pension  under  these  acts. 

PENSIONS   TO  DEPENDENT  RELATIVES. 

470.  Section  4707,  Revised  Statutes. — To  obtain  title  to  pension 
under  this  statute,  it  must  be  shown  that  the  soldier  or  sailor  died  of  a 
disability  contracted  in  the  service  and  in  line  of  duty. 

471.  Dependent  mothers. — In  a  mother's  claim,  her  relationship  to 
the  soldier  or  sailor,  the  date  and  cause  of  the  son's  death,  whether 
he  left  a  widow  or  minor  children  surviving,  and  her  dependence  on 
him  for  support  at  the  time  of  his  death,  must  be  shown. 

472.  In  proof  of  dependence,  it  must  be  shown  that  previous  to  the 
date  of  th3  said  son's  decease  her  husband  had  died,  or  that  he  had 
permanently  abandoned  her,  or  that,  on  account  of  disability  from 
injury  or  disease,  he  was  unable  to  support  her. 

473.  If  the  husband  is  dead,  the  date  of  his  death  must  be  proved. 
If  he  abandoned  the  support  of  his  family,  the  date  of  the  abandon- 
ment, and  all  the  facts  of  the  case,  showing  whether  he  ever  returned, 
or  ever  afterwards  contributed  to  the  support  of  the  claimant,  must 
be  fully  set  forth.     If  any  person  who  is  legally  bound  to  con- 
tribute to  the  support  of  the  mother  claimant  neglect  or  fail  to  do  so, 
and  the  State  or  local  laws  afford  a  remedy,  it  should  be  shown 
whether  the  claimant  has  invoked  the  aid  of  such  laws  to  compel 
support.     If  the  father  was  disabled,  the  nature  and  cause  of  the 
disability,  when,  and  to  what  extent,  it  rendered  him  unable  to  sup- 
port the  claimant,  must  be  shown  by  the  testimony  of  his  physician. 
The  extent  of  his  disability  during  the  period  from  the  son's  death 
to  the  present  time  should  also  be  shown. 

474.  The  value  of  the  property  of  the  claimant  and  her  husband, 
the  income  derived  therefrom,  and  the  other  means  of  support  pos- 
sessed by  her  while  she  was  receiving  the  contributions  of  the  son  on 
account  of  whose  service  and  death  pension  is  claimed,  and  from  that 
time  to  the  present,  should  be  shown  by  the  testimony  of  credible 
and  disinterested  witnesses,  who  must  state  how  they  know  the  facts. 
The  value  of  property  assessed  for  taxation  may  be  shown  by  the 
testimony  of  the  officer  having  custody  of  the  records  relative  thereto, 
who  should  also  state  the  ratio  of  the  assessed  to  the  actual  or  cash 
value  of  such  property. 

475.  It  must  be  shown  to  what  extent,  for  what  period,  and  in  what 
manner,  her  said  son  contributed  to  her  support,  by  the  testimony 


142  LAWS   GOVERNING   ARMY   AND    NAVY   PENSIONS. 

of  persons  for  whom  the  son  labored,  to  whom  he  paid  rent,  of  w  horn 
he  purchased  groceries,  fuel,  clothing,  or  other  necessary  articles  for 
the  mother's  use,  or  of  those  who  otherwise  had  a  knowledge  of  the 
contributions  of  the  son,  and  who  must  state  how  they  obtained 
such  knowledge.  Any  letter  from  the  son,  bearing  upon  the  ques- 
tion of  support,  should  be  filed.  If  the  son,  in  any  other  manner 
than  by  actual  contributions,  acknowledged  his  obligation  to  support 
his  mother,  or  was,  by  law,  bound  to  such  support,  the  facts  should 
be  shown. 

476.  Dependent  fathers. — In  a  father's  claim  for  pension  on  account 
of  the  death  of  a  legitimate  son  upon  whom  he  was  dependent  for 
support,  there  must  be  proven— 

(1)  The  cause  of  his  son's  death ; 

That  said  son  left  no  widow  or  minor  child  surviving : 

The  cause  and  extent  of  claimant's  disability  during  the  period  in 
which  the  son  contributed  to  his  support,  and  from  that  time  to  the 
present ; 

The  amount  of  his  property  2  and  all  other  means  of  support  pos- 
sessed by  him  during  that  period,  and  the  extent  of  his  dependence 
upon  his  son  for  support. 

The  facts  of  the  case:  in  each  respect,  should  be  shown  by  such 
testimony  as  is  required  in  the  claim  of  a  mother. 

(2)  The  date  of  the  claimant's  marriage  to  the  mother  of  the  sol- 
dier or  sailor,  the  date  of  birth  of  the  son,  and  the  date  of  the  death 
of  said  mother,  must  be  proved. 

In  case  the  mother  applied  for  pension,  reference  should  be  made 
to  her  application,  and  the  number  of  the  same,  or  of  her  certificate, 
should  be  given.  Evidence  upon  any  fact  established  in  a  mother's 
claim  shall  not  again  be  required. 

47T.  Minor  brothers  and  sisters. — In  a  claim  on  behalf  of  minor 
brothers  and  sisters  there  must  be  proved — 

The  cause  and  date  of  death  of  the  brother  on  whose  account  the 
claim  is  made; 

His  celibacy; 

The  dates  of  death  of  the  mother  and  father,  or  death  of  the  father 
and  remarriage  of  the  mother; 

The  dates  of  birth  of  the  claimant  and  other  dependents  upon  the 
brother  for  support. 

If  the  mother  or  father  applied  for  pension,  the  number  of  his  or 
her  application,  or  of  his  or  her  certificate,  should  be  given. 

Evidence  upon  any  fact  established  in  the  claim  of  the  mother  or 
the  father  will  not  again  be  required. 

In  the  administration  of  the  pension  laws  no  distinction  is  made 
between  brothers  and  sisters  of  the  half  blood  and  those  of  the  whole 
blood. 

478.  A  minor  brother  or  sister's  claim  for  pension  may  be  made 
and  prosecuted  by  the  minor  or  by  next  friend  or  guardian,  but  if  the 
claim  is  allowed  before  his  majority  the  payment  of  pension  shall  be 
made  only  to  a  duly  appointed  guardian. 

479.  Act  of  June  #7, 1890  (construed  as  amending  sec.  ,£707,  R.  $., 
as  to  dependent  parents). — The  same  evidence  is  required  in  claims 
under  this  act  as  under  section  4707,  Revised  Statutes,  in  its  original 
form,  except  as  to  contributions  by  the  soldier  or  sailor,  and  as  to 


LAWS  GOVEKNING  ARMY  AND  NAVY  PENSIONS.  143 

date  of  dependence,  which  is  changed  from  the  date  of  the  soldier's 
or  sailor's  death  to  the  date  of  the  filing  of  the  application  for  pension 
under  this  law. 

480.  The  rate  of  pension  under  section  4707,  Revised  Statutes,  in 
its  original  form,  and  under  section  1  of  the  act  of  June  27,  1890,  is 
governed  by  the  rank  of  the  soldier  or  sailor  on  account  of  whose 
service  and  death  pension  may  be  claimed. 

481.  If  the  claim  is  prosecuted  under  section  4707,  Revised  Stat- 
utes, the  attorney's  fee  may  be  $25  ;  if  prosecuted  under  section  1  of 
the  act  of  June  27,  1890,  the  fee  is 


CLAIMS  FOB  RESTORATION  AND  RENEWAL. 

482.  Application  for  restoration  of  pension  (sec.  4719,  R.  S.)  must 
be  submitted  by  a  declaration  executed  as  in  an  original  claim,  set- 
ting forth  fully  the  reasons  for  failure  to  draw  pension,  accompanied 
by  evidence  satisfactorily  accounting  for  such  failure. 

483.  The  act  of  March  3,  1901,  amending  section  4708,  Revised 
Statutes,  provides  for  renewal  of  pension  to  certain  remarried  widows 
on  renewed  widowhood.    The  applicant  under  these  acts  must  show 
that  she  was  the  wife  of  the  officer,  soldier,  or  sailor  during  the 
period  of  his  service  in  a  war;  that  she  was  pensioned  as  his  widow 
by  reason  of  his  death  being  due  to  disability  of  service  origin  in 
such  war  ;  that  her  name  was  dropped  from  the  roll  by  reason  of  her 
remarriage  to  another  person  who  has  since  died,  or  from  whom  she 
has  been  divorced  upon  her  application,  and  without  fault  on  her 
part;  and  that  she  is  without  means  of  support  other  than  her  daily 
labor  and  a  net  income  not  exceeding  $250  per  annum.    The  fact 
that  the  widow  was  originally  barred  from  pension  by  the  terms  of 
the  act  of  March  3,  1865,  by  reason  of  her  remarriage,  does  not 
deprive  her  of  title  to  pension  under  the  amendatory  act  of  February 
28,  1903. 

PENSIONS  TO  ARMY  NURSES. 

484.  Act  of  August  5,  1892.  —  By  this  act  all  women  employed  by 
the  Surgeon  General  of  the  Army  as  nurses  during  the  late  War  of 
the  Rebellion,  for  a  period  of  six  months  or  more,  and  who  were 
honorably  relieved  from  such  service,  are  entitled  to  a  pension,  pro- 
vided they  are  unable  to  earn  a  support. 

DROPPING,    RECOVERY,    SUSPENSION,    AND    RECOUPMENT. 

485.  Under  the  provisions  of  the  act  of  December  21,  1893,  any 
pension  heretofore  or  that  may  be  hereafter  granted  to  any  applicant 
under  any  law  of  the  United  States,  shall  be  deemed  to  be  a  vested 
right  in  the  grantee  to  that  extent  that  payment  thereof  shall  not  be 
withheld  or  suspended  until,  after  due  notice  to  the  grantee  of  not 
less  than  30  days,  the  commissioner,  after  hearing  all  the  evidence, 
shall  decide  to  annul,  vacate,  modify,  and  set  aside  the  decision  upon 
which  such  pension  was  granted. 

1  Claims  filed  after  June  27,  1890,  are  adjudicated  under  sec.  4707,  R.  S.,  as  amended 
by  sec.  1,  act  June  27,  1890,  the  attorney  fee  being  limited  to  $10. 


144  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

486.  Such  notice  to  grantee  must  contain  a  full  and  true  statement 
of  any  charges  or  allegations  upon  which  such  decision  granting  such 
pension  shall  be  sought  to  be  in  any  manner  disturbed  or  modified. 

487.  All  cases  in  which  these  questions  arise  are  to  be  determined 
by  the  Board  of  Review  or  by  the  medical  referee,  as  the  case  may  be, 
and  where  dropping,  reduction,  or  recoupment  is  proposed,  the  evi- 
dence furnished  tending  to  show  absence  of  title  or  that  the  rate  of 
pension  now  pending  is  excessive  should  be  brought  to  the  personal 
attention  of  the  commissioner. 

488.  Pension  paid  in  consequence  of  fraud  on  the  part  of  the  pen- 
sioner or  of  a  mistake  of  fact  in  the  adjudication  of  the  claim  may 
be  recovered  by  withholding  accruing  pension. 

CLAIMS  FOB  SHARE  OF  PENSION  PAID  TO  INMATES  OF  THE  GOV- 
ERNMENT HOSPITAL  FOR  THE  INSANE. 

489.  Act  of  February  0,  1909. — By  the  terms  of  this  act,  the  pension 
accruing  to  an  inmate  of  the  Government  Hospital  for  the  Insane 
must  be  paid  to  the  superintendent  or  disbursing  agent  of  such  hos- 
pital, and  the  money  so  paid  shall  be  disbursed  and  used,  under  the 
regulations  prescribed  by  the  Secretary  of  the  Interior,  for  the  bene- 
fit of  the  pensioner,  and  in  the  case  of  a  niale  pensioner,  his  wife, 
minor  children,  and  dependent  parents,  or,  if  a  female  pensioner,  her 
minor  children,  if  any,  in  the  order  na/ned.    All  questions  affecting 
the  right  of  a  claimant  to  a  share  of  the  pension  of  an  inmate  of  the 
hospital  are  determined  upon  evidence  submitted  to  the  Commis- 
sioner of  Pensions,  in  accordance  with  the  practice  obtaining  in  such 
cases.    The  findings  of  the  Commissioner  of  Pensions  upon  the  evi- 
dence are  submitted  to  the  Secretary  of  the  Interior  for  approval, 
and,  upon  the  latter's  direction,  the  disbursing  officers  of  said  hospi- 
tal shall  make  proper  distribution   of  the   pension   money  to  the 
dependents  enumerated  in  said  act. 

490.  Applications  to  the  Commissioner  of  Pensions  for  allotment 
of  a  share  of  the  pension  in  cases  under  the  act  of  February  2,  1909, 
should  be  made  under  oath,  and  the  applicant  should  state  the  rela- 
tionship to  the  insane  person,  the  certificate  number  of  such  person. 
if  known,  the  aggregate  value  of  all  property  owned  by  the  applicant, 
as  well  as  the  sources  of  income  and  means  of  support  of  said  appli- 
cant.   All  allegations  should  be  sustained  by  the  testimony  of  persons 
competent  to  testify  from  personal  knowledge  of  the  facts,  and  the 
witnesses  should  state  their  ages,  means  of  knowledge  of  the  facts 
to  which  they  testify,  and  their  post-office  addresses,  giving  the  street 
and  number,  or  rural  free-delivery  route,  if  any.    In  case  the  appli- 
cation is  made  by  the  wife,  she  should  furnish  evidence  of  marriage 
in  the  manner  and  order  provided  for  in  sec.  453.    If  either  applicant 
or  pensioner  had  been  previously  married,  the  death  or  divorce  of 
the  former  consort  should  be  proved;  in  case  of  death,  preferably 
by  verified  copy  of  the  public  or  church  record,  or  by  the  testimony 
of  credible  witnesses;  and,  in  case  of  divorce,  by  a  certified  copy  of 
the  decree  of  the  court.     If  there  was  no  prior  marriage  on  the  part 
of  the  applicant  or  the  pensioner,  this  fact  should  be  shown  by  the 
testimony  of  at  least  two  credible  witnesses  who  have  known  the 
applicant  and  the  pensioner  from  the  time  they  became  of  marriage- 
able age. 


LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS.  145 

491.  In  the  cases  of  minor  children  or  dependent  parents,  the  rela- 
tionship of  the  applicants  to  the  pensioner  must  be  satisfactorily 
shown. 

492.  The  application  and  the  evidence  necessary  to  establish  the 
claim  should  be  filed  at  the  same  time. 

CLAIMS  FOB  PAYMENT  OF  PENSION  TO  WIVES  OF  INSANE  PEN- 
SIONERS, OB  TO  WIVES  OF  PENSIONEBS  UNDEBGOING  SENTENCE 

OF   IMPRISONMENT.  _____ 

493.  Act  of  August  #,  188%. — Where  an  insane  invalid  pensioner 
has  no  guardian,  and  has  a  wife  or  children  dependent  upon  him,  the 
wife  being  a  woman  of  good  character,  the  Commissioner  of  Pensions 
is  authorized,  in  his  discretion,  to  cause  the  pension  to  be  paid  to  the 
wife,  upon  her  properly  executed  voucher,  or,  if  there  is  no  wife,  to 
the  guardian  of  the  children,  upon  his  properly  executed  voucher, 
•and,  in  like  manner,  to  make  payment  of  the  pension  due  invalid 
pensioners  who  are  imprisoned  for  offenses  against  the  law,  to  their 
wives,  or  the  guardians  of  their  children. 

Under  this  statute  evidence  showing  the  pensioner's  insanity  or 
imprisonment,  and,  in  the  case  of  a  wife,  her  good  character,  as  well 
as  the  proof  required  in  claims  under  the  act  of  February  2,  1909, 
above,  must  be  furnished. 

ACCBUED  AND  BEIMBUBSEMENT  CLAIMS. 

494.  Act  of  March  %,  1895. — An  accrued  pension  is  payable,  under 
the  terms  of  this  act,  whether  the  certificate  issues  prior  or  subsequent 
to  the  death  of  the  soldier  entitled  to  the  pension,  first,  to  his  widow, 
second,  if  there  is  no  widow,  to  his  child  or  children  under  16  years  of 
age,  third,  in  case  of  a  widow,  to  her  minor  children  by  the  soldier 
who  were  under  16  years  of  age  at  the  date  of  her  death.    No  other 
person  is  entitled  to  receive  the  accrued  pension,  as  a  matter  of 
right,  nor  is  it  considered  a  part  of  the  assets  of  the  estate  of  the 
deceased  pensioner.    It  is  not  liable  for  the  debts  of  the  estate,  in 
any  case  whatsoever,  but  inures  to  the  sole  and  exclusive  benefit  of 
the  widow  or  children.    The  proof  necessary  to  establish  a  claim  for 
accrued  pension  is  identical  with  that  required  to  establish  the  claim 
of  a  widow  or  minor  child  to  original  pension,  in  so  far  as  the  rela- 
tionship of  the  claimant  for  the  accrued  pension  to  the  pensioner  is 
concerned. 

495.  A  claim  for  reimbursement  may  be  made  by  the  person  who 
bore  the  expenses  of  the  last  sickness  and  burial  of  any  pensioner  who 
died,  leaving  no  widow,  or  child  under  16  years  of  age,  surviving, 
provided  the  pensioner  did  not  leave  sufficient  assets  to  meet  such 
expenses.    An  application  for  reimbursement  should  be  accompanied 
by  the  following  evidence: 

Bills  of  all  expenses  of  last  sickness  and  burial. — If  paid  by  the 
claimant  for  reimbursement  the  bills  must  be  properly  receipted 
to  said  claimant.  If  unpaid,  the  parties  to  whom  said  bills  are  due 
should  note  on  each  bill,  over  their  signatures,  that  they  hold  the 
claimant  responsible  for  the  payment.  If  the  bill  be  for  medical 
treatment  it  must  show  the  dates  of  visits  or  treatment  and  the  charge 


146  LAWS  GOVERNING  ARMY  AND  NAVY  PENSIONS. 

for  each.  A  bill  for  nursing  and  care  must  show  the  dates  between 
which  the  services  were  rendered,  and  the  rate  per  day  or  week.  The 
bill  of  the  undertaker  must  be  itemized,  and  show  the  date  on  which 
the  services  were  rendered. 

Each  bill  must  show  that  the  service  was  rendered  for  the  pen- 
sioner on  account  of  whom  reimbursement  is  claimed. 

All  claims  should  be  presented  in  the  name  of  one  person. 

Bills  which  are  forwarded  become  a  part  of  the  records  of  the 
Bureau  of  Pensions,  and  can  not  be  returned.  Claimants  should 
therefore  secure  duplicates  of  such  bills  if  needed  by  them. 

If  the  pension  certificate  which  was  issued  in  the  name  of  the 
pensioner  is  not  in  possession  of  the  claimant  a  statement  showing  its 
whereabouts  or  final  disposition  should  be  made. 

496.  In  claims  for  accrued  pension  or  for  reimbursement  under  the 
act  of  March  2,  1895,  a  formal  declaration  is  not  necessary.    All  that 
is  required  in  these  cases  is  that  the  applicant  shall  be  properly 
identified  by  the  evidence  as  the  person  entitled  to  the  accrued  pen- 
sion or  reimbursement. 

497.  The  mailing  of  a  pension  check  in  payment  of  pension  due, 
issued  on  voucher,  constitutes  payment  in  the  event  of  the  death  of 
the  pensioner  subsequent  to  the  execution  of  the  voucher  therefor. 

498.  (a)  In  nonvoucher  cases  the  proper  delivery  of  a  pension 
check  during  the  lifetime  of  the  pensioner  constitutes  payment  in 
the  event  of  the  death  of  the  pensioner  prior  to  indorsement  thereof. 
In  such  cases  the  checks  become  a  part  of  the  assets  of  the  estate  of 
the  deceased  pensioner. 

(b)  All  inquiries  relative  to  the  payment  of  such  checks  should  be 
addressed  to  the  Auditor  for  the  Interior  Department,  Treasury 
Department. 

WITNESSES  AND  TESTIMONY. 

499.  A  declaration  executed  before  an  officer  who  is  claimant's 
attorney  is  accepted  by  the  Bureau  of  Pensions  as  good  and  valid, 
but  under  the  practice  such  magisterial  act  vacates  any  rights  which 
may  be  conferred  on  him  in  the  power  of  attorney  therein  embodied. 

500.  Evidence  executed  before  an  officer  who  is  claimant's  attorney 
or  before  any  person  who  has  a  manifest  interest  therein  shall  not  be 
considered.     It  is  held  by  the  Secretary  of  the  Interior,  however, 
that  evidence  so  executed,  wherein  the  certificate   of  such   officer 
contains  a  clause  setting  forth  that  "  he  is  in  nowise  interested  in  the 
claim  nor  concerned  in  its  prosecution"  is  good  and  valid,  but  the 
rights  such  officer  may  have  had  as  attorney  in  the  case  are  thereby 
abandoned.    All  certificates  of  executing  officers  should  certify  that 
they  have  no  interest  in  the  claim. 

501.  Every  fact  required  to  be  proved  should  be  shown  by  the  best 
evidence  obtainable.    Every  witness  should  state  whether  he  has  any 
interest,  direct  or  indirect,  in  the  prosecution  of  the  claim  in  which  he 
may  testify;  whether  he  is  related  to  the  claimant,  and  if  so,  how; 
and  should  give  his  post-office  address,  with  street  and  number,  or 
rural  free-delivery  route,  if  any. 

502.  Witnesses  should  not  merely  confirm  the  statements  of  other 
parties,  but  should  give  a  detailed  statement  of  the  facts  known  to 
them  in  regard  to  the  matter  concerning  which  they  testify,  and 


LAWS  GOVERNING  ARMY  AND   NAVY  PENSIONS.  147 

should  state  how  they  obtained  a  knowledge  of  such  facts.  The 
officer  taking  the  deposition  or  affidavit  should  certify  in  his  own 
handwriting  as  to  his  knowledge  of  the  credibility  of  the  witnesses. 
If  they  sign  by  mark,  the  signature  must  be  attested  by  two  witnesses 
who  write,  and  the  officer  must  certify  that  the  contents  of  their 
depositions  or  affidavits  were  read  to  them  before  he  administered 
the  oath. 

503.  Affidavits  should  be  free  from  interlineations  and  erasures. 
When  an  alteration  is  made  in  an  affidavit,  or  an  addition  is  made 
thereto,  it  must  appear  by  the  certificate  of  the  officer  who  admin- 
istered the  oath  that  such  alteration  or  addition  was  made  with  the 
knowledge  and  sworn  consent  of  the  affiant. 

504.  In  all  affidavits  from  surgeons  or  physicians  the  portion  detail- 
ing the  nature  of  the  disability,  dates  of  treatment,  and  date  of 
death,  symptoms  and  opinions   as  to  connection  between  diseases 
or  injury  and  disease  should  be  in  the  handwriting  of  the  party  by 
whom  it  is  signed.     The  testimony  of  any  person  testifying  as  an 
expert  should  be  prepared  by  some  one  professionally  competent 
to  do  so. 

505.  The  official  certificates  of  judicial  officers  using  a  seal  or  of 
commissioned  officers  of  the  Army  or  Navy  in  actual  service  shall  be 
accepted  without  being  sworn  to,  but  all  other  witnesses  must  testify 
under  oath. 

COPIES  OF   RECORDS   AND   PAPERS. 

506.  (a)  Act  of  August  #4,  1912. — Copies  of  the  bureau  records 
may,  when  not  deemed  prejudicial  to  the  interests  of  the  Govern- 
ment, be  furnished  at  the  rate  of  15  cents  for  each  100  words  copied, 
or  15  cents  for  each  sheet  photographed,  with  25  cents  additional  for 
each  certificate  of  verification  and  the  seal  of  the  bureau  attached  to 
authenticated  copies.     Authenticated  copies  are  to  be  admitted  in 
evidence  equally  with  the  originals  thereof. 

(b)  The  papers,  copies  of  which  are  desired,  should  be  clearly 
specified,  and  the  name  of  the  soldier  upon  whose  service  the  claim 
was  based,  the  designation  of  the  organization  in  which  he  served, 
and,  if  possible,  the  number  of  the  claim  or  the  certificate  should  be 
stated,  in  order  that  the  case  may  be  identified  and  unnecessary  delay 
avoided;  and  the  purpose  for  which  such  copies  are  desired  should 
be  definitely  stated. 

507.  Act  of  May  11,  191%.— Section  5,  as  amended  March  4,  1913, 
provides  that  a  record  be  kept  of  Civil  and  Mexican  War  pensioners 
under  said  acts,  showing  the  name,  length  of  service,  and  age  of  each 
pensioner,  the  monthly  rate  of  pension  paid  to  him  and  the  county 
and  State  of  his  residence,  and  that  certified  copies  thereof  be  fur- 
nished upon  demand  and  payment  of  such  fee  therefor  as  is  provided 
by  act  of  August  24,  1912. 

508.  Post-office  addresses  are  charged  for  at  the  rate  of  15  cents 
each,  but  may  be  furnished  free  where  requested  by  a  claimant  for 
pension  in  securing  evidence  in  the  prosecution  of  his  claim. 

MISCELLANEOUS. 

509.  Applications  for  certificate  of  service  in  lieu  of  lost  discharge 
should  be  filed  with  the  Adjutant  General,  United  States  Army,  War 


148  LAWS  GOVERNING  AEMY  AND  NAVY  PENSIONS. 

Department,  in  Army  cases,  and  with  the  Chief  of  the  Bureau  of 
Navigation,  Navy  Department,  in  Navy  cases. 

510.  Applications  for  back  pay,  extra  pay,  or  bounty  money  for 
military  service  should  be  filed  with  the  Auditor  for  the  War  Depart- 
ment; for  bounty,  extra  pay,  or  prize  money  for  naval  service  with 
the  Auditor  for  the  Navy  Department. 

511.  Applications   for   artificial   limbs   or  mechanical   appliances 
should  be  filed  with  the  Surgeon  General,  United  States  Army,  Wai- 
Department. 

512.  Applications  for  headstones  for  graves  of  deceased  soldiers 
should  be  filed  with  the  Chief,  Quartermaster's  Corps,  United  States 
Army,  War  Department. 


SUPPLEMENT. 


LAWS  RELATING  TO   PENSIONS   ENACTED   AFTER   JANUARY  5, 
1916,  AND  PRIOR  TO  JANUARY  2,  1917, 

DUPLICATE  OF  LOST  CHECK;   HOW  OBTAINED. 

ACT  OF  MARCH  21,  1916,  AMENDING  SECTION  3646,  REVISED  STATUTES 

(39  STAT.  L.,  37). 

SEC.  3646.  That  whenever  any  original  check  is  lost,  stolen,  or 
destroyed  disbursing  officers  and  agents  of  the  United  States  are 
authorized,  within  three  years  from  the  date  of  such  check,  to  issue 
a  duplicate  check,  under  such  regulations  in  regard  to  its  issue  and 
payment^  and  upon  the  execution  of  such  bond,  with  sureties,  to  in- 
demnify the  United  States,  and  proof  of  loss  of  original  check,  as  the 
Secretary  of  the  Treasury  shall  prescribe :  Provided,  That  whenever 
any  original  check  or  warrant  of  the  Post  Office  Department  has  been 
lost,  stolen,  or  destroyed  the  Postmaster  General  may  authorize  the 
issuance  of  a  duplicate  thereof,  at  any  time  within  three  years  from 
the  date  of  such  original  check  or  warrant,  upon  the  execution  by  the 
owner  thereof  of  such  bond  of  indemnity  as  the  Postmaster  General 
may  prescribe :  Provided  further ',  That  when  such  original  check  or 
warrant  does  not  exceed  in  amount  the  sum  of  $50  and  the  payee  or 
owner  is,  at  the  date  of  the  application,  an  officer  or  employee  in  the 
service  of  the  Post  Office  Department,  whether  by  contract,  designa- 
tion, or  appointment,  the  Postmaster  General  may,  in  lieu  of  an  in- 
demnity bond,  authorize  the  issuance  of  a  duplicate  check  or  warrant 
upon  such  an  affidavit  as  he  may  describe,  to  be  made  before  any 
postmaster  by  the  payee  or  owner  of  an  original  check  or  warrant. 

MEDAL  OF  HONOR  BOLL;   SPECIAL  PENSION   OF  $10. 
ACT  APRIL  27,  1916  (39  STAT.  L.,  53). 

That  there  is  hereby  established  in  the  War  Department  and  Navy 
Department,  respectively,  a  roll  designated  as  "  the  Army  and  Navy 
medal  of  honor  roll."  Upon  written  application  made  to  the  Sec- 
retary of  the  proper  department,  and  subject  to  the  conditions  and 
requirements  hereinafter  contained,  the  name  of  each  surviving  per- 
son who  has  served  in  the  military  or  naval  service  of  the  United 
States  in  any  war,  who  has  attained  or  shall  attain  the  age  of  sixty- 
five  years,  and  who  has  been  awarded  a  medal  of  honor  for  having  in 
action  involving  actual  conflict  with  an  enemy  distinguished  him- 
self conspicuously  by  gallantry  or  intrepidity,  at  the  risk  of  his  life, 
above  and  beyond  the  call  of  duty,  and  who  was  honorably  dis- 
charged from  service  by  muster  out,  resignation,  or  otherwise,  shall 
be,  by  the  Secretary  of  the  proper  department,  entered  and  recorded 
on  said  roll.  Applications  for  entry  on  said  roll  shall  be  made  in  such 

149 


150  LAWS    GOVERNING    ARMY    AND    NAVY    PENSIONS. 

form  and  under  such  regulations  as  shall  be  prescribed  by  the  War 
Department  and  Navy  Department,  respectively,  and  proper  blanks 
and  instructions  shall  be,  by  the  proper  Secretary,  furnished  without 
charge  upon  request  made  by  any  person  claiming  the  benefits  of 
this  Act. 

SEC.  2.  That  it  shall  be  the  duty  of  the  Secretary  of  War  and  of 
the  Secretary  of  the  Navy  to  carry  this  Act  into  effect  and  to  deride 
whether  each  applicant,  under  this  Act,  in  his  department  is  entitled 
to  the  benefit  of  this  Act.  If  the  official  award  of  the  medal  of 
honor  to  the  applicant,  or  the  official  notice  to  him  thereof,  shall 
appear  to  show  that  the  medal  of  honor  was  awarded  to  the  applicant 
for  such  an  act  as  is  required  bv  the  provisions  of  this  Act,  it  shall 
be  deemed  sufficient  to  entitle  the  applicant  to  such  special  pension  ! 
without  further  investigation.  Otherwise  all  official  correspondence, 
orders,  reports,  recommendations,  requests,  and  other  evidence  now 
on  file  in  any  public  office  or  department  shall  be  considered.  A 
certificate  of  service  and  of  the  act  of  heroism,  gallantry,  bravery, 
or  intrepidity  for  which  the  medal  of  honor  was  awarded,  and  of  I 
enrollment  under  this  Act,  and  of  the  right  of  the  special  pensioner 
to  be  entitled  to  and  to  receive  the  special  pension  herein  granted, 
shall  be  furnished  each  person  whose  name  shall  be  so  entered  on 
said  roll.  The  Secretary  of  War  and  the  Secretary  of  the  Navy 
shall  deliver  to  the  Commissioner  of  Pensions  a  certified  copy  of 
each  of  such  of  said  certificates  as  he  may  issue,  as  aforesaid,  and 
the  same  shall  be  full  and  sufficient  authority  to  the  Commissioner 
of  Pensions  for  the  payment  by  him  to  the  beneficiary  named  in 
each  such  certificate  the  special  pension  herein  provided  for. 

SEC.  3.  That  each  such  surviving  person  whose  name  shall  have 
been  entered  on  said  roll  in  accordance  with  this  Act  shall  be  entitled 
to  and  shall  receive  and  be  paid  by  the  Commissioner  of  Pensions 
in  the  Department  of  the  Interior,  out  of  any  moneys  in  the  Treasury 
of  the  United  States  not  otherwise  appropriated,  a  special  pension 
of  $10  per  month  for  life,  payable  quarter  yearly.  The  Commissioner  ; 
of  Pensions  shall  make  all  necessary  rules  and  regulations  for  making 
payment  of  such  special  pensions  to  the  beneficiaries  thereof. 

Such  special  pension  shall  begin  on  the  day  that  such  person  shall 
file  his  application  for  enrollment  on  said  roll  in  the  office  of  the 
Secretary  of  War  or  of  the  Secretary  of  the  Navy  after  the  passage 
and  approval  of  this  Act,  and  shall  continue  during  the  life  of  the 
beneficiary. 

Such  special  pension  shall  not  deprive  any  such  special  pensioner 
of  any  other  pension  or  of  any  benefit,  right,  or  privilege  to  which 
he  is  or  may  hereafter  be  entitled  under  any  existing  or  subsequent 
law,  but  shall  be  in  addition  thereto. 

The  special  pension  allowed  under  this  Act  shall  not  be  subject 
to  any  attachment,  execution,  levy,  tax,  lien,  or  detention  under  any 
process  whatever. 

SEC.  4.  That  in  case  any  person  has  been  awarded  two  or  more 
medals  of  honor,  he  shall  not  be  entitled  to  and  shall  not  receive 
more  than  one  such  special  pension. 

Rank  in  the  service  shall  not  be  considered  in  applications  filed 
hereunder. 


LAWS    GOVERNING    ARMY    AND    NAVY    PENSIONS.  151 

MEDAL  OF  HONOR  PENSIONS;   HOW  PAID. 
ACT   JUNE   30,   191 G    (39   STAT.   L.,   242). 

And  jtrorided  further,  That  all  allowances  made,  or  hereafter  to  be 
made,  to  medal  of  honor  pensioners  under  the  Act  of  Congress  ap- 
proved April  twenty-seventh,  nineteen  hundred  and  sixteen,  shall 
be  paid  from  the  moneys  appropriated  for  the  payment  of  invalid 
and  other  pensions,  and  section  three  of  the  said  Act  of  April  twenty- 
seventh,  nineteen  hundred  and  sixteen,  is  amended  accordingly. 

NATIONAL    GUARD    DRAFTED    INTO    SERVICE    OF    UNITED    STATES. 
ACT   JUNE  3,   1916    (39   STAT.   L.,  211). 

SEC.  112.  liif/hts  to  pensions. — When  any  officer  or  enlisted  man  of 
the  Xational  Guard  drafted  into  the  service  of  the  United  States  in 
time  of  war  is  disabled  by  reason  of  wounds  or  disability  received 
or  incurred  while  in  the  active  service  of  the  United  States  in  time 
of  war.  he  shall  be  entitled  to  all  the  benefits  of  the  pension  laws 
existing  at  the  time  of  his  service,  and  in  case  such  officer  or  enlisted 
man  dies  in  the  active  service  of  the  United  States  in  time  of  war 
or  in  returning  to  his  place  of  residence  after  being  mustered  out  of 
such  service,  or  at  any  other  time  in  consequence  of  wounds  or 
disabilities  received  in  such  active  service,  his  widow  and  children, 
if  any.  shall  be  entitled  to  all  the  benefits  of  such  pension  laws. 

NATIONAL    GUARD,    ORGANIZED    MILITIA,    AND    MILITIA   RESERVES. 
JOINT  RESOLUTION  JULY  1.  1910  (39  STAT.  L.,  340). 

SEC.  '2.  That  the  provisions  of  section  one  hundred  and  twelve  of 
the  national  defense  Act  of  June  third,  nineteen  hundred  and  sixteen, 
shall  be  applicable  to  any  officer  or  enlisted  man  drafted  into  the 
service  of  the  United  States  pursuant  to  the  provisions  of  this  joint 
resolution. 

DISABILITY    OR    DEATH    DUE    TO    AVIATION    ACCIDENT,    DOUBLE    PENSION. 

ACT  AUGUST  29.  1910   (39  STAT.  L.,  r,85). 
.» 

In  all  cases  where  an  officer  or  enlisted  man  or  student  flyer  of 
the  Xavy  or  Marine  Corps  dies,  or  where  a  student  ftyer  or  an  en- 
listed man  of  the  Navy  or  Marine  Corps  is  disabled  by  reason  of  any 
injury  received  or  disease  contracted  in  line  of  duty,  the  result  of 
an  aviation  accident,  received  while  employed  in  actual  flying  in  or 
in  handling  aircraft,  the  amount  of  pension  allowed  shall  be  double 
that  authorized  to  be  paid  should  death  or  the  disability  have  oc- 
curred by  reason  of  an  injury  received  or  disease  contracted  in  line 
of  duty  not  the  result  of  an  aviation  accident. 

REPEAL  OF  SECTION  4716,  REVISED  STATUTES.1 
ACT  AUGUST  29,   1916    (39   STAT.   L.,   6-19). 

That  section  forty-seven  hundred  and  sixteen  of  the  Revised  Stat- 
utes be,  and  the  same  is  hereby  repealed. 

1  S 

70942°— 17 11 


152  LAWS    GOVERNING    ARMY    AND    NAVY    PENSIONS. 

INCREASED  RATE  TO   CERTAIN  WIDOWS:   PENSIONS   FOR  CERTAIN  REMARRIED 
WIDOWS;    ACT    OF  APRIL   19,   1908,  AMENDED   AS    TO    DATE    OF    MARRIAGE. 

ACT  OF  SEPTEMBER  8,  1916  (39  STAT.  L.,  844). 

That  from  and  after  the  passage  of  this  Act  the  rate  of  pennon  for 
a  widow,  now  on  the  roll  or  hereafter  to  be  placed  on  the  pension  roll 
and  entitled  to  receive  a  less  rate  than  hereinafter  provided,  who 
the  lawful  wife  t)f  any  officer  or  enlisted  man  in  the  Army.  Xav; 
Marine  Corps  of  the  United  States,  during  the  period  of  h: 
in  the  Civil  War,  shall  be  $-20  per  month,  and  the  rah'  of  pension  for 
a  widow  of  an  officer  or  enlisted  man  of  the  Army.  v 
Corps  of  the  United  States,  who  served  in  the  Civil  War.  the  War 
with  Mexico,  or  the  War  of  Eighteen  hundred  and  twelve,  now  on 
the  roll  or  hereafter  to  be  placed  on  the  pension  roll  and  entitled  to 
leceive  a  less  rate  than  hereafter  provided,  who  -hed  or  shall 

hereafter  reach  the  age  of  seventy  year.-  .-hall  he  Si")  per  month:  and 
nothing  herein  shall  be  construed  to  affect  the  existing  allo 
$:>  per  month  for  each  child  under  the  i 

each  helpless  child;  and  all  Acts  o;  parts  of  A«-t>  inconsistent  with  die 
provisions  of  this  Act  are  hereby  repealed:  Provided,  h<>  That 

this  Act  shall  not  be  so  construed  as  to  reduce  an  any 

Act,  public  or  private. 

SEC.  2.  That  any  widow  of  an  officer  or  enlisted  man  who  served  in 
the  Army,  Navy,  or  Marine  Corps  of  the  United  States  during  the 
Civil  War  whose  name  was  placed  or  shall  hereafter  be  placed  on  tlu» 
pension  roll,  under  any  existinir  law.  and  whose  name-  n  or 

shall  hereafter  be  dropped  from  said  pension  roll  by  reason  of  her 
marriage  to  another  person  who  has  since  died  or  shall  hereafter  die. 
or  from  whom  she  has  heen  heretofore  or  shall  he  hereafter  div- 
upon  her  own  application  and  without  fault  on  her  part,  shall  be 
entitled  to  have  her  name  again  placed  on  the  pension  roll  at  the  rate 
allowed  by  the  law  under  which  she  was  formerly  pensioned,  and  the 
law  or  laws  amendatory  thereof,  unless  she  be  entitled  to  a  gr« 
rate  of  pension  under  the  provisions  of  section  one  of  th 
pension  to  commence  from  the  date  of  filing  her  application  in  the 
Bureau  of  Pensions  after  the  passage  of  this  Act:  Provided^  how- 
ever, That  where  the  pension  of  said  widow  pn  her  second  or  si 
quent  marriage  has  accrued  to  a  helpless  or  idiotic  child,  or  a  child  or 
children  under  the  age  of  sixteen  years,  she  shall  not  be  entitle* I  to 
renewal  under  this  Act  unless  said  helpless  or  idiotic  child,  or  child 
or  children  under  sixteen  years  of  age.  be  then  a  member  or  members 
of  her  family  and  cared  for  by  her,  and  upon  the  renewal  of  pension 
to  said  widow  payment  of  pension  to  said  child  or  chilckren  shall 
cease:  And  provided  further,  That  the  provisions  of  this  Act  shall 
be  extended  to  those  widows,  otherwise  entitled,  whose  husbands  died 
of  wounds,  injuries,  or  disease  incurred  during  the  period  of  their 
military  or  naval  service,  but  who  were  deprived  of  pension  under  the 
Act  of  March  third,  eighteen  hundred  and  sixty-five,  because  of  their 
failure  to  draw  any  pensions  by  reason  of  their  remarriage,  and  to 
any  person  who  was  lawfully  married  to  an  officer  or  enlisted  man, 
who  served  in  the  Army,  Navy,  or  Marine  Corps  of  the  United  States 
during  the  Civil  War  and  was  honorably  discharged  therefrom  and 
has  since  deceased,  and  who,  having  remarried  since  his  death  is 


LAWS    GOVEKNING    ARMY    AND    NAVY    PENSIONS.  153 

again  a  widow,  or  has  been  divorced  from  her  last  husband  upon  her 
own  application  without  fault  on  her  part  and  who,  otherwise  en- 
titled, was  barred  by  reason  of  such  remarriage  from  receiving  pen- 
sion under  any  existing  law. 

SEC.  3.  That  any  widow,  as  described  in  section  two  of  the  Act 
approved  April  nineteenth,  nineteen  hundred  and  eight,  who  married 
the  soldier  or  sailor  prior  to  June  twenty-seventh,  nineteen  hundred 
and  five,  shall  have  title  to  pension  under  the  provisions  of  said  sec- 
tion of  said  Act,  to  commence  from  the  date  of  filing  her  application 
in  the  Bureau  of  Pensions  after  the  passage  of  this  Act:  Provided, 
however,  That  where  a  pension  has  been  granted  to  a  soldier's  or 
sailor's  helpless  or  idiotic  child  or  children,  or  child  or  children  under 
the  age  of  sixteen  years,  his  widow  shall  not  be  entitled  to  pension 
under  this  section,  unless  the  pension  to  such  child  or  children  has 
terminated,  or  unless  such  child  or  children  be  a  member  or  members 
of  her  family  and  cared  for  by  her,  and  upon  allowance  of  pension  to 
the  widow,  payment  of  pension  to  such  child  or  children  shall  cease. 

SEC.  4.  That  no  claim  agent  or  attorney  shall  be  recognized  in  the 
adjudication  of  claims  under  the  first  section  of  this  Act,  nor  shall 
any  claim  agent  or  attorney  be  recognized  in  the  adjudication  of 
claims  under  the  second  section  of  this  Act  for  renewal  of  pension 
previously  allowed,  and  in  claims  for  original  pension  under  section 
two  of  this  Act  no  greater  sum  than  $10  shall  be  allowed  for  services 
in  preparing,  presenting,  or  prosecuting  such  claim,  which  sum  shall 
be  payable  only  upon  the  order  of  the  Commissioner  of  Pensions 
under  such  rules  and  regulations  as  he  may  deem  proper  to  make. 

BUREAU  OF  EFFICIENCY;  SYSTEM  OF  PAYING  PENSIONS. 
ACT  OF  SEPTEMBER  8,  1916  (39  Stat.  L.,  801). 

The  sum  of  $4,000  appropriated  by  the  deficiency  appropriation 
Act  approved  March  fourth,  nineteen  hundred  and  fifteen,  for  the 
purchase,  rental,  exchange,  and  remodeling  of  labor-saving  ma- 
chinery, equipment,  and  supplies  necessary  to  enable  the  Bureau  of 
Efficiency  to  demonstrate  an  improved  sj^stem  of  paying  pensions  is 
reappropriated  and  made  available  for  expenditure  during  the  fiscal 
year  nineteen  hundred  and  seventeen :  Provided,  That  the  equipment 
purchased  hereunder  shall  become  the  property  of  the  Bureau  of 
Pensions  when  the  demonstration  is  completed:  Provided  further, 
That  the  Bureau  of  Efficiency  shall  investigate  the  business  methods 
of  the  Bureau  of  Pensions  and  prepare  recommendations  for  the  im- 
provement thereof  and  submit  the  same  to  the  Secretary  of  the  In- 
terior as  early  as  practicable  for  his  approval. 


154  LAWS   (;ovKK.\r\<;   AHMV   AND    NAVY    PKNSIONS. 

PENSIONS  TO  INMATES  OF  NATIONAL  SOLDIERS'  HOME. 

AMI-:NI>MKNTS  TO  ACTS  or  I-I;I:IMAKY  nc,.  ISM.  AND  Ar<;r>T  7. 

s:>  «>r  tins 


l'he  provisions  of  the  Act  of   February  -'<">.  1881,  and   the  act    of 
gust   7.   1882,  as  to  "Pensions  of   Inmate-  of   National   Soldiers" 


rl' 

August 

Home,''  were  modified  by  the  act  of  July  1.  H«i-J.  :i-J  Stat.  L..  564.  a 

follo\\>  : 

"  Mcn-a  ftcr  any  balance  of  pension  money  due  a  member  of  the 
Xaiioiial  Home  for  Disabled  Volunteer  Soldiers  at  the  time  of  his 
death  shall  be  paid  to  his  widow,  minor  children  or  dependent  mother 
or  father  in  the  order  named,  and  should  no  widow,  minor  child,  or 
dependent  parent  he  discovered  within  one  year  from  the  time  of  tin- 
death  of  the  pensioner,  said  balance  shall  be  paid  to  the  po>t  fund 
of  the  Branch  of  said  National  Home  of  which  the  pensioner  u 
member  at  the  time  of  his  death,  to  be  used  for  the  common  benefit 
of  the  members  of  the  Home  under  the  direction  of  the  Hoard  of 
Managers,  .-uhjert  <<>  future  reclamation  by  the  relatives  hereinbefore 
designated,  upon  application  filed  with  the  Board  of  Man;; 
within  live  years  after  the  pensioner's  death/' 


IXDEX. 


A. 

Page. 

Abandonment:  By  widow,  of  minor  child  or  children  forfeits  pension. 

Title,  how  established.     Section  4706,  Revised  Statutes 48 

Accessories,  punishment  of:  Section  333,  Criminal  Code 127 

Accrued  pension : 

Attorney  fees,  in  claims  for 06,  71 

Beneficiaries.     Act  of  March  2,  1895 91 

Claim  for,  must  be  accompanied  by  explanation  and  evidence  of  con- 
tinuance, when.     Section  4719,  Revised  Statutes 92 

Not  assets  of  estate.     Act  March  2,  1895 92 

Regulations  and  instructions  relative  to  claims  for 145 

Acknowledgments:  May  be   made  before   United    States   commissioners. 

Section  1778,  Revised  Statutes 57 

Acting  assistant  surgeon:  Pensionable  status  of.     Section  4693,  Revised 

Statutes 20 

Active  list.     (Sec  Retired  list.) 

Acts  of  Congress.     (See  Table  of  contents.) 

Adjutant  General,  United  States  Army :  Application  for  certificate  in  lieu 

of  lost  discharge  to  be  made  to 147 

Adulterous  cohabitation,  open  and  notorious :  Of  widow,  terminates  pen- 
sion.    Act  August  7,  1882  (sec.  2) 44 

Affidavits : 

Certain  informalities  corrected.     Act  July  26,  1892  (sec.  3) 57 

Executed  in  foreign  countries,  how.     Act  July  26,  1892  (sec.  2) 56 

Execution  of,  in  pension  claims.     Act  July  26,  1892 56 

False  or  fraudulent,  making  or  presenting ;  penalty.    Act  July  7, 1898_      117 

Regulations  and  instructions  governing 130, 146 

Special  examiners  may  take.     Act  July  25,  1882_ 6 

Age: 

Made  a  permanent  specific  disability.     Act  April  24,  1906 ;  act  March 

4, 1907 32 

Pensions  based  on  attained — • 

Act  January  29,  1887  (sec.  1) 16 

Service  and,  elements  of  title.  Acts  February  6,  1907,  and  May  11, 

1912 18,  31,  32 

Agents  and  attorneys : 

Articles  of  agreement.     (See  Articles  of  agreement.) 

Certain  persons  not  to  act  as.    Section  190,  Revised  Statutes 57 

Declaration    or    affidavit,    executed    before,    effect   on    attorneyship 

rights 146 

False  demand  on  fraudulent  power  of  attorney ;  penalty.    Section  34, 

Criminal  Code 119 

Fee  contracts  made  prior  to  passage  of  act  null  and  void — 

Act  June  27,  1902 14 

Act  May  30,  1908 15 

Fees  allowed,  and  payment  of.     (See  Fee.) 

Fees,  table  of 70,71 

Form  of  oath  required.    Section  1757,  Revised  Statutes 58 

Illegal  fee;  penalty.     (See  Crimes.) 
No  fee  allowed,  when.     (See  Fee.) 

Notaries  public  in  District  of  Columbia  not  prohibited  from  prac- 
ticing before  departments.     Act  June  29,  1906 58 

Not  to  withhold  or  retain  discharge  papers  or  land  warrants ;  penalty. 

Act  May  21,  1872 114 

155 


156  INDEX. 

Agents  and  attorneys — Continued. 
Oath  of  allegiance- 
Required  of.     Section  3478,  Revised  Statutes 

Who  may  administer.     Section  3479,  Revised  Statutes 58 

Penalty— 

For  exacting  or  accepting  fee  for  securing  pension  by  special  act 

of  Congress.     Act  May  28,  1908 117 

For  unlawfully  withholding  pension.     Act  June  27,  1890  (sec.  4)_ 

For  violating  act  relating  to  fees.     Act  July  4,  1884  (sec.  4)__  115 

Postage  to,  limited 71 

Power  of  attorney  to,  not  recognized  in  paying  foreign  pensions.     Act 

March  14,  1898 

Regulations  governing 63 

Rights  of  parties  under  contracts  in  cases  pending  July  4,  1884,  not 

abridged.    Act  July  4,  1884  (sec.  1) 59 

Secretary  of  the  Interior  may  prescribe  rules  and  regulations  govern- 
ing recognition  of.    Act  July  4,  1884  (sec.  5) 61 

Secretary  of  the  Interior  may  suspend  or  disbar,  when.    Act  July  4, 

1884  (sec.  5) 61 

To  be  notified  on  issue  of  certificate  of  pension.     Section  4748,  Re- 
vised Statutes 56 

Wrongfully  withholding  part  of  pension ;  penalty.     Act  April  19,  1908 

(sec.  3) 117 

Aid  and  attendance.     Frequent  and  periodical  and  regular ;  rates 

Amputations.    Tables  of  rates,  Nos.  2  and  3 110,  1 1 1 

Ante-Rebellion 

Appeal : 

From  special  medical  examinations.    Section  4775,  Revised  Statutes- 
Rules  of  practice  on 76 

Application : 

For  artificial  limbs  and  surgical  appliances,  to  whom  made 

For  back  pay,  extra  pay,  bounty  money,  or  prize  money,  with  whom 

filed 148 

For  certificate  of  service  in  lieu  of  lost  discharge,  with  whom  filed-       147 
For   Navy   service   allowances.      Sections   4756   and   4757,    Revised 

Statutes 54,55 

For  reimbursement  to  be  made  to  Commissioner  of  Pensions.     Act 

March  4,  1909 92 

For  removal  of  charge  of  desertion  from  Navy  or  Marine  Corps,  to  be 

made  to  Secretary  of  Navy.    Act  August  14,  1888 99 

For  removal  of  charge  of  desertion,  Mexican  and  Civil  Wars,  to  be 

made  to  Secretary  of  War.    Act  March  2,  1889 101 

Arkansas.    Fourth  Mounted  Infantry,  commanded  by  Elisha  Baxter.    Act 

February  27,  1899 43 

Arm.    Loss  of  (see  Table  of  Rates  No.  2) 110 

Army  and  Navy: 

Certificate  of  commissioned  officer  in,  accepted  without  being  sworn 

to 147 

Officers  and  men  on  active  or  retired  list  not  entitled  to  pension. 
Acts  August  29,  1890,  and  March  3,  1891,  May  27,  1908,  January 

28,  1915 1 97 

Prior  disloyalty  not  a  bar  to  pension  for  disabilities  incurred  while 

serving  in.    Act  August  1,  1892 96 

Re-entry  into,  terminates  pension.     Section  4724,  Revised  Statutes--        97 
Volunteer  officers   (Army),  remuster,  pay  pensions;  exception.     Act 

February  24,  1897 106 

Army  Nurses: 

Attorney  fee;  none  allowed;  penalty  for  demanding.    Act  August  5, 

1892  (sec.  2) 116 

In  War  of  Rebellion,  entitled  to  pension.    Act  August  5,  1892 27 

Regulations  and  instructions  relative  to 143 

Arrears : 

Acts  January  25,  1879,  and  March  3,  1879 41, 42 

Of  pension  or  increase;  no  fee  in  claims  for.     Act  July  4,  1884, 

(sec.  4) 60 

Pensions  of  persons  in,  not  to  be  withheld.     Section  4734,  Revised 
Statutes—  98 


INDEX.   ,  157 

Articles  of  agreement:  Page- 
Amount  of  fee  to  be  stipulated  in.    Act  July  4,  1884  (sec.  4) 60 

Amount  of  fee  to  be  paid  in  absence  of.    Act  July  4,  1884  (sec.  4.)__        60 
Amount  paid  attorney  prior  to  execution  of,  to  be  stipulated  in, 
otherwise  articles  of  agreement  to  be  disregarded,  and  such  amount 
to  be  deducted  from  fee  allowed  by  law.    Act  July  4,  1884  (sec.  4)_        60 
Commissioner  of  Pensions  to  transmit  one  of,  with  certificate  of 

pension,  to  pension  agent.    Section  4768,  Revised  Statutes -59- 

Duty  of  pension  agent  upon  receipt  of.    Section  4769,  Revised  Statutes        59 

Form  of.    Act  July  4,  1884  (sec.  4) 60 

May  be  rejected  by  Commissioner  of  Pensions.     Act  July  4,  1884 

(sec.  6) 62 

Null  and  void  in  certain  Indian  war  service-pension  claims.     Acts 

June  27,  1902,  and  May  30,  1908 14, 15 

Recognized  in  certain  claims  only.    Act  July  4,  1884  (sec.  4) 60 

Should  be  in  duplicate.     Act  July  4,  1884  (sec.  4) 60 

Artificial  limbs  and  mechanical  appliances.    Applications  for,  to  be  made 

to  Surgeon  General,  United  States  Army 148 

Ashuelot,  steamer.  Twelve  months'  pay  allowed  to  widows,  minor  chil- 
dren, and  dependent  parents  of  men  lost  in  wreck  of,  to  be  deducted 

from  pensions  of.    Act  January  29,  1887  (sec.  2) 51 

Attachment.     Pension  not  liable  to.     Section  4747,  Revised  Statutes 93 

Attorney   General.     To  furnish  professional   assistance  on   application. 

Section  187,  Revised  Statutes 7 

Attorneys.     (See  Agents  and  attorneys.) 

Auditor  for  Navy  Department.     Applications  for  bounty,  extra  pay,  or 

prize  money  to  be  made  to 148 

Auditor  for  War  Department.    Applications  for  back  pay,  extra  pay,  and 

bounty  to  be  made  to 148 

Authority : 

To  increase  or  reduce  a  pension,  reserved  in  the  Commissioner  of 

Pensions.     Act  June  21,  1879   (sec.  3) 81 

To  publish  printed  forms.    Section  4748,  Revised  Statutes 56 

Automatic.     Increase  upon  attaining  certain  ages.     Act  March  4,  1913, 

amending  Act  May  11,  1912    (Sec.  5) 34 

Aviation.    Double  pension  for  disability  or  death  from  duty  in  Navy  and 

Marine  Corps.     Act  March  3,  1915 24 

B. 

Beaty's  Scouts  and  Guides.    Pensionable  status  of.    Act  July  14,  1870 27 

Biennial  examinations.     Abolished.     Act  June  21,  1879  (sec.  3) 81 

Birth.    Date  of,  how  proved •    139 

Blank  forms : 

For  declaration,  to  be  furnished  by  Commissioner  of  Pensions.     Sec- 
tion 4748,  Revised  Statutes 56 

For  vouchers,  Secretary  of  the  Interior  required  to  furnish.     Sec- 
tion 4767,  Revised   Statutes 85 

For  vouchers,  to  contain  notice  to  pensioners  that  payment  will  be 

made  upon  no  others.     Section  4767,  Revised  Statutes 85 

Regulations  and  instructions 130 

Blindness.     Tables  of  rates 110 

Boards  of  examining  surgeons.     (See  Surgeons.) 
Bond : 

Bids  or  public  records,  penalty  for  forging.     Section  28,  Criminal 

Code    118 

Required  upon  issue  of  duplicate  check.     Act  February  23,   1909, 

amending  section  3646  Revised  Statutes 86 

Bounty.     Receipt  of,  when  a  bar  to  pension.     Joint  resolution,  July  1, 

1902  (sec.  2),  and  June  28,  1906 105 

Bounty,  back  pay,  extra  pay.    Applications  for,  to  be  made  to  Auditor  for 

War  Department  if  for  Army  service 148 

Bounty,  extra  pay,  prize  money.     Application  for,  to  be  made  to  Auditor 

for  Navy  Department  if  for  Navy  service 148 

Bribes  and  bribery.     (See  Crimes.) 
Brothers.     (See  Dependent  relatives.) 


158  INDEX. 

Pace. 

Bryson's  company,  mounted   volunteers.     Members,  widows,   and  minor 

children  entitled  to  pension.     Act  March  1,  1869 2G 

Burial  expenses.     (See  Reimbursement.) 

C. 

Centralia,  Mo.    Widows,  minors,  and  dependent  relatives  of  soldiers  mur- 
dered at.    Act  March  3,  1875 •!"> 

Certificate : 

False,  by  consular  officer ;  penalty.     Section  70,  Criminal  Code 

False,  by  person  before  whom  paper  in  pension  claim  is  executed; 

penalty  for  making.     Act  July  7,  1898 

False,  by  public  officer,  etc.;  penalty.     Section  106,  Criminal  Code r_'."> 

Of  examining  surgeon  to  contain  full  description  of  physical  condition 
of  claimant — 

Act  July  25,  1882  (sec.  4) 81 

Act  May  28,  1908 

Of  superintendent  of  Government  Hospital  for  the  Insane,  pensions 
of  inmates  to  be  paid  upon.     Acts  February  20,  1905,  and  February 

2,  1909 9".  '•" 

Certificate  of  discharge : 

Agents  or  attorneys  not  to  retain,  etc. ;  penalty.     Act  May  21,  1S72__ 
Loss  of,  not  a  bar  to  pension — 

Act  March  9,  1878  (sec.  3) 

Act  January  29,  1887  (sec.  3) 

Act  July  27,  1892  (sec.  3) 

Lost  or  destroyed;  duplicate,  how  obtained.     Section  2iM,   K<>\ 

Statutes 

Not  evidence.     Section  224,  Revised  Statutes 

Secretary  of  the  Navy  to  issue,  in  certain  cases.     Acts  August  14, 1888 

(sec.  4),  and  May  24,  1900 100,  101 

Secretary  of  War  and  Secretary  of  Navy  to  issue  in  true  name  of 

person  serving;  restriction.     Act  August  22,  1912 98 

Secretary  of  War  to  furnish  to  members  of  Missouri  Iloni.-  duards. 

Act  May  15,  1886 98 

Certificate  of  pension : 

Forwarded   to  pension   agent   for  delivery.     Section   476S,    Revised 

Statutes "•> 

Retaining  unlawfully.     Act  February  28, 1883,  amending  section  4745, 

Revised  Statutes 114 

Certificate  of  service.     Application  for,  to  be  made  to  Adjutant  General, 

United  States  Army 148 

Certified  copies  of  papers : 

Act    August   24,    1912 10S 

Regulations  and  instructions 147 

Check: 

Clerks  to  sign  name  of  disbursing  clerk.    Act  August  17,  1912  (sec.  5) 

Duplicate,  issue  of.    Act  February  23,  1909 

Pension,  mailing  of,  constitutes  payment.    Act  March  2,  1895 91 

To  be  drawn  to  the  order  of  and  mailed  to  each  pensioner.     Sec- 
tion 4765,  Revised  Statutes 86 

Chief  clerk : 

Duties  of.     Sections  173  and  174,  Revised  Statutes 

To  administer  oath  of  office  without  compensation  therefor.     Act 

August  29,   1890 5 

Citizenship : 

How  established  in  Indian  War  claims.     Act  February  3,  1893___ 

Proof  of,  Indian  Wars.     Act  July  27,  1892 

Civil   service.     Bar  to  payment  of  pensions  in  case  of  pensioners   in, 

removed.     Act  March  1,  1879 

Civil  surgeons: 

Commissioner    of    Pensions    authorized    to    appoint.      Section    4777, 

Revised    Statutes 

Duties  of.     Section  4777,  Revised  Statutes 

Fee  for  examinations.     Section  4777,  Revised  Statutes 80 

Fees  for  examinations,  how  paid.     Section  4777,  Revised  Statutes 80 

(See  also  Surgeons.) 


INDEX.  159 

Civil  War.     (See  War  of  the  Rebellion.)  Page. 

Claims.      List    of    meritorious,    to    be    sent    to    Congress.      Resolution 

May  29,  1830 95 

Clerks: 

Authorized  to  sign  name  of  disbursing  clerk  to  checks.    Act  August  17, 

1912   (sec.  5) 84 

Detailed  as  special  examiners.     Section  4744,  Revised  Statutes,  as 

amended  by  act  July  25,  1882 _6 

Detail  of,  to  congressional  committees.    Joint  resolution  February  1, 

1884    95 

Coast  Guard: 

Establishment  of.     Act   January   28,   1915 21 

No  pension  while  on  active  or  retired  list.     Act  January  28,  1915 21,  97 

Cohabitation : 

Adulterous,  terminates  pension  of  widow.    Act  August  7,  1882 44 

Continuous,  to  date  of  death,  when  necessary  to  widow's  title.    Act 

March  3,  1899 48 

Colored  and  Indian  soldiers: 

Legitimacy    of   children,    how    established.      Section    4705,    Revised 

Statutes 48 

Marriages,  how  proven.     Section  4705,  Revised  Statutes 48 

Commencement  of  pension : 

Anterebellion  claims.    Section  4713,  Revised  Statutes 19 

Army  nurses'  claims.     Act  August  5,  1892 27 

Arrears.     Acts  January  25  and  March  3,  1879 41,  42 

Claims  arising  out  of  wreck  of  steamer  Ashuelot.    Act  January  29, 

1887    51 

Claims  arising  out  of  wreck  of  steamer  Jeannette.  Act  January  3, 1887  _        50 
Claims  arising  out  of  wreck  of  steamer  Maine.    Act  March  30,  1898        51 
Claims  of  certain  survivors  of  Mexican  and  Civil  Wars.     Acts  Feb- 
ruary 6,  1907,  and  May  11,  1912 31,  32 

For  frequent  and  periodical  aid  and  attendance.     Act  July  14,  1892        40 
For   permanent    and    specific   disability.      Sections   4697    and    469S, 

Revised  Statutes 34,  35 

For  total  helplessness.     Act  March  4,  1890 40 

Increase,   invalid.     Section  469S£,   Revised   Statutes 40 

Increase  on  account  of  minors — 

Section  4703,  Revised  Statutes 45 

Act  June  27,  1890   (sec.  3) 46 

Act  May  9,  1900 46 

Act  April  19,  1908 47 

Increase,  widow,  etc. — 

Act  March  19,  1886 44 

Act  April  19,  1908  (sec.  1) 47 

Indian  war  claims.    Act  July  27,  1892 13 

In  rejected,  suspended,  or  dismissed  claims.    Act  March  6,  1896 31 

Mexican  War  claims.     Act  January  29,  1887 16 

Missouri  State  Militia.    Section  4722,  Revised  Statutes 22 

Special  act  claims.     Section  4720,  Revised  Statutes 94 

To  certain  beneficiaries  of  special  legislation,  to  correct  military 
service,  enacted  during  Sixty-first  Congress.  Joint  resolution  Feb- 
ruary 27,  1911 104 

To  certain  widows,  whose  deceased  husbands  served  in  Civil  War. 

Act  April  19,  1908  (sec.  2) 47 

To  dependent  relatives.    Section  4707,  Revised  Statutes 49 

To  minor,  where  widow  abandons  same.  Section  4706,  Revised  Stat- 
utes   48 

To  remarried  widow.    Acts  March  3,  1901,  and  February  28,  1903 51,  52 

To   survivors,  widows,  minors,   and  dependent  parents,   Civil   War 

service.    Acts  June  27,  1890,  and  May  9,  1900 29,  30 

To  widows  and  minors.    Act  August  7,  1882,  amending  section  4702, 

Revised    Statutes 44 

War  of  1812  claim.    Act  March  9,  1878 11 

Widows'  arrears.     Act  June  7,  1888 45 

Commissioner  of  Pensions.    Appointment  and  duties  of.    Sections  470  and 
471,  Revised  Statutes 5 


160  INDEX. 

Commissioner,  United  States: 

Authorized  to  administer  oaths  and  take  acknowledgments.    Section 

1778,  Revised  Statutes 57 

Required  to  have  an  official  seal.    Act  June  28,  1906 57 

Conspiracy.     (See  Crimes.) 
Consular  officer: 

Authority  in  execution  of  pension  papers.    Act  July  26,  1892  (sec.  2)_        56 

False  certification  by ;  penalty.    Section  70,  Criminal  Code 122 

Contracts.    With  attorneys,  null  and  void.    Acts  June  27,  1902,  and  May 

30,  1908 14, 15 

Contract  surgeons.    Pensionable  status.     Section  4693,  Revised  Statutes-        20 
Copies  or  originals  of  papers : 

Bureau  records,  when  furnished  and  charges  for.  Act  August  24, 1912_  108 
Record  of  name,  etc.,  to  be  kept  of  allowances.  Act  May  11,  1912. 

And  furnished.    Act  March  4,  1913 34 

Regulations  and  instructions  relative  to  obtaining 147 

Corporations.     State  or  municipal,  not  entitled  to  reimbursement  for  ex- 
penses of  last  sickness,  etc.     Act  March  3,  1905 92 

Counterfeit  obligations.     (See  Crimes.) 
Crimes : 

Bribery   of  judges,  judicial  officer,   or  person  authorized  to  hear; 

penalty.     Section  131,  Criminal  Code 125 

Bribery  of  United  States  officer;  penalty.  Section  39,  Criminal  Code.  120 
Buying,  etc.,  forged  securities;  penalty.  Section  154,  Criminal  Code_  126 
Conspiracy  to  commit  an  offense  against  or  to  defraud  the  United 

States;  penalty.     Section  37,  Criminal  Code 120 

Conspiracy  to  obtain  allowance  of  false  or  fraudulent  claim ;  penalty. 

Section  35,  Criminal  Cede 120 

Conspiracy  to  prevent  officer  from  performing  duties ;  penalty. 

tion  21,  Criminal  Code 118 

Destroying,  etc.,  public  records;  penalty.    Section  128,  Criminal  Code-      125 
Destroying,  etc.,  public  records  by  officer  in  charge;  penalty.     Sec- 
tion 129,  Criminal  Code 125 

Extortion — 

By  United  States  officer.     Section  85,  Criminal  Code 122 

By  informer.     Section  145,  Criminal  Code 126 

Embezzlement  by  guardian ;  penalty.     Act  February  10,  1891,  amend- 
ing sections  4783  and  5486,  Revised  Statutes 116 

Embezzling  public  moneys,  etc. ;  penalty.  Section  47,  Criminal  Code.  121 
Failure  of  officer  to  render  account;  penalty.  Section  90,  Criminal 

Code 122 

Failure  or  refusal  to  surrender  counterfeit  obligations,  etc. ;  penalty. 

Section  172,  Criminal  Code 127 

False  acknowledgments,  etc.,  by  officer;  penalty.     Section  31,  Crimi- 
nal  Code 119 

False  and  fraudulent  affidavits,  etc.,  making  and  presenting ;  penalty. 

Act  July  7,  1898 117 

False  certificates  by  public  officers;  penalty.     Section  106,  Criminal 

Code 123 

False  certification  by  consular  officer ;  penalty.     Section  70,  Criminal 

Code 122 

False  certification  by  executing  officer ;  penalty.     Act  July  7,  1898 117 

False  claim ;  penalty.     Section  35,  Criminal  Code 120 

False  demand  on  fraudulent  power  of  attorney ;  penalty.     Section  34, 

Criminal  Code 119 

False  entries  in  records;  penalty.     Act  March  4,  1911 127 

False  oath  deemed  perjury — 

Act  March  9,  1878  (sec.  3) 11 

Act  January  29,  1887  (sec.  3) 16 

Act  July  27,  1892  (sec.  3) 13 

False  personation  of  pensioner,  etc. ;  penalty.     Section  33,  Criminal 

Code 119 

False   personation   of   United    States   officer;    penalty.     Section   32, 

Criminal  Code 119 

False  reports  by  United  States  officers ;  penalty.     Act  March  4,  1911_      127 
Falsely  making,  altering,  forging,  or  counterfeiting  military  bounty- 
land  warrants,  etc.    Section  73,  Criminal  Code 122 


INDEX.  161 

Crimes — Continued. 

Fees,  illegal,  agents  or  attorneys  taking ;  penalty —  Page. 

Act  July  4,  1884  (sec.  4) 115 

Act  June  27,  1890  (sec.  4) y 115 

Act  March  3,  1891 '. 116 

Act  August  5,  1892  (sec.  2) 116 

Act  April  19,  1908  (sec.  3) 117 

Act  May  28,  1908 _117_ 

Forging  bond,  public  record,  affidavit,  etc. ;  penalty.  Section  28, 

Criminal  Code 118 

Forging  deed,  power  of  attorney,  etc. ;  penalty.  Section  29,  Criminal 

Code , 118 

Forging,  etc.,  United  States  securities;  penalty.  Section  148,  Crimi- 
nal Code 126 

Forging  indorsements  to  pension  checks,  uttering,  etc.  Act  August 
17,  1912  (sec.  4) 128 

Having  forged  papers,  etc.,  in  possession ;  penalty.  Section  30,  Crimi- 
nal Code 119 

Juror  or  person  authorized  to  hear,  etc.,  accepting  bribe;  penalty. 

Section  133,  Criminal  Code 126 

Member  of  Congress  accepting,  etc.,  bribe;  penalty.  Section  110, 

Criminal  Code 123 

Member  of  Congress,  offering  bribes  to ;  penalty.  Section  111,  Crimi- 
nal Code 124 

Member  of  Congress,  offering  consideration  to,  for  procuring,  etc., 

officers,  etc. ;  penalty.  Section  112,  Criminal  Code 124 

Member  of  Congress  taking  compensation  in  matters  to  which  the 

United  States  is  a  party ;  penalty.  Section  113,  Criminal  Code 124 

Member  of  Congress  taking  consideration  for  procuring,  etc.,  officers, 

etc.;  penalty.  Section  112,  Criminal  Code v 124 

Officer  interested  as  agent  or  attorney  in  claim  against  the  United 

States ;  penalty.  Section  109,  Criminal  Code 123 

Passing,  etc.,  forged,  etc.,  obligations  of  the  United  States;  penalty. 

Section  151,  Criminal  Code 126 

Perjury;  penalty.    Section  125,  Criminal  Code 125 

Pledging  pension  certificate ;  penalty.  Act  February  28,  1883,  amend- 
ing section  4745,  Revised  Statutes 114 

Postdating  vouchers.    Act  July  7,  1898 117 

Receipting  for  larger  sums  than  are  paid;  penalty.  Section  86, 

Criminal  Code 122 

Receiving,  etc.,  stolen  public  property ;  penalty.  Section  48,  Criminal 
Code 121 

Receiving  pension  certificate  as  a  pledge.  Act  February  28,  1883, 

amending  section  4745,  Revised  Statutes 114 

Retaining  discharge  papers,  etc.,  of  discharged  soldier  or  sailor  by 

attorney  ;  penalty.  Act  May  21,  1872 114 

Retaining  pension  certificates,  etc. ;  penalty.  Act  February  28,  1883, 

amending  section  4745,  Revised  Statutes 114 

Robbery  of  personal  property  of  the  United  States;  penalty.  Sec- 
tion 46,  Criminal  Code 121 

Subornation  of  pejury  ;  penalty.    Section  126,  Criminal  Code__ 125 

United  States  officer  accepting  bribe ;  penalty.  Section  117,  Criminal 
Code 126 

United  States  officer  taking  compensation  in  matters  to  which  the 

United  States  is  a  party ;  penalty.  Section  113,  Criminal  Code 124 

Unlawfully  taking  or  using  papers  in  claim ;  penalty.  Section  40, 

Criminal  Code 121 

Unlawful  purchase  of  public  property ;  penalty.  Section  35,  Criminal 

Code 120 

Uttering,  publishing,  etc.,  forged  bond,  affidavit,  etc.;  penalty.  Sec- 
tion 28,  Criminal  Code 118 

Witness  accepting  bribe ;  penalty.    Section  134,  Criminal  Code 126 

D. 

Date  of  commencement.     (See  Commencement  of  pension.) 

Dates.    Payment  to  pensioners.    Act  August  17,  1912  (sec.  2 )__......._        83 


162  INDEX. 

Page. 
Deafness.    Rate  for.    Section  4698,  Revised  Statutes,  and  acts  August  'JT. 

1888,  and  January  15,  1903 35,39,40 

Death : 

Of  pensioned  inmates  of  Government  Hospital  for  the  Insane,  pen- 
sion money  due,  how  disposed  of.  Act  February  2,  1909 91 

Of  pensioned  inmate  of  the  National  Home  for  Disabled  Volunteer 
Soldiers,  pension,  how  disposed  of.  Acts  February  20,  1881,  August 

7,  1882 89 

Of  pensioned  Inmate  of  Soldiers'  Home,  Washington,  D.  C.,  pension 

money  due,  how  disbursed.    Act  March  3,  1883 88 

Presumed  from  seven  years'  unexplained  absence.     Act  March  13, 

1896 53 

Declarations : 

Certain  informalities  corrected.    Act  July  26,  1892  (sec.  3) 57 

How  executed.    Act  July  26,  1892 56 

In  foreign  countries,  how  executed.    Act  July  20,  1892  (sec.  2) 56 

In  Indian  claims  may  be  made  before  a  United  States  Indian  atreut. 

Act  July  26,  1892  (sec.  2) 56 

Regulations  and  instructions  relative  to 130, 146 

Department  of  the  Interior.     Creation  of.     Section  437,  Revised  Statutes- 
Department  of  the  West,  or  the  Missouri.     Officers  and  men,  ontithnl  to 

pension,  when.    Act  March  25,  1862  (sec.  2) 

Departments,  executive.     Persons  formerly   in,   not   to  prosecute  Haini< 
until  two  years  after  separation  from  service.     Section   l(.>o.    Rev: 

Statutes "»7 

Dependence : 

Assumption  of,  in  claims  of  dependent  relati  lion  47«i7. 

vised  Statutes,  and  act  June  27,  1890  (sec.  1) 49,50 

Basis  of  title- 
Section  4707,   Revised    Statutes 49 

Act  January  29,  1887 16 

Acts  June  27,  1890  (sec.  3),  and  May  9,  1900 40 

Cessation  of,  terminates  pension  in  dependent    parent's  claim..  no 

How  established,  in  claims  of  dependent  parents.     A«-t   June  L'7. 

(sec.  1).     (See  also  Means  of  support) 50 

Dependent  relatives: 

Assumption  of  dependence,  when.     Section  4707,   Revised   Siai 

and  act  June  27,  1890  (sec.  1) 49,50 

Commencement  and  continuance  of  pension  to.    Section  4707,  K«  ^ 

Statutes,  and  act  June  27,  1890  (sec.  1) _" 49,50 

Dependence,  how  established.     Section  4707,  Revised  Statutes,  and 

act  June  27,  1890  (sec.  1) 49,50 

Father's  income  to  be  considered  in  determining  title,  when.    Section 

4707,  Revised  Statutes 49 

Increase  of  rate  if  less  than  $12  per  month.    Act  March  19,  1886___        44 
Marriage  of  dependent  mother  or  sister  terminates  pension.     Section 

4708,  Revised  Statutes,  as  amended  by  act  February  28,  1903 51-53 

Of  men  lost  in  wreck  of  Ashuelot,  12  months'  pay  to  be  deducted  from 

pensions.     Act  January  29,  1887   (sec.  2) 51 

Of  officers  and  men  lost  in  wreck  of  Jeannette,  12  months'  pay  al- 
lowed dependent  relatives,  to  be  deducted  from  pensions  of.  Act 

January  3,  1887  (sec.  3) 50 

Pension  allowed  only  during  dependence.  Section  4707,  Revised  Stat- 
utes   49 

Regulations  and  instructions  relative  to  claims  of 141-143 

Succession  of  title  of.     Section  4707,  Revised  Statutes 49 

Deputy  Commissioner  of  Pensions.    Appointment  and  duties  of.     Section 

472,  Revised  Statutes 5 

Deputy   provost   marshal.     Pensionable   status.      Section   4693,    Revised 

Statutes 20 

Desertion : 

Certain  appointed  and  enlisted  men  in  the  Navy  or  Marine  Corps 
relieved  from  the  charge  of;  conditions.  Acts  August  14,  1888, 
and  May  24,  1900 99-101 


INDEX.  163 

Desertion — Continued.  Page. 

Certain  soldiers  and  sailors  not  to  be  deemed  deserters.     Section  4749, 
Revised   Statutes 99 

Charge  of,  removed  from  the  records  of  certain  Mexican  War  sol- 
diers; exceptions.     Act  March  2,  1889  (sees.  6  and  7) 101, 102 

Charge  of,  removed  from  the  records  of  certain  volunteer  soldiers. 

Act  March  2,  1889_ 1 101 

In  time  of  war,  forfeits  pension.     Act  April  26,  1898  (sec.  6)  and  act 

May  11,  1908 104 

Limitation  as  to  time  of  filing  claim  for  removal  of  charge  of,  re- 
moved.    Act  May  24,  1900  (sec.  2) 101 

Desertion  (marital).     USee  Division  of  Pension.) 
Detail  : 

Of  clerks  to  pension  committees,  House  of  Representatives.     Joint 

resolution  February  1,  1884 95 

Of  clerks  to  act  as  special  examiners.     Section  4744,  Revised  Statutes, 

as  amended  by  act  July  25,  1882 6 

Disabilities : 

Aggregate  of,  rated  in  claims.     Act  May  9,  1900  (sec.  2) 30 

Examining  surgeons  to  describe  fully  in  reports.     Act  May  28,  1908 82 

Rates  for  different.     Tables  of  rates 108-113 

Disability : 

Ages  made  specific.     Act  April  24,  1906,  and  act  March  4,  1907 32 

By  reason  of  age,  pensionable — 

Act  January  29,  1887  (sec.  1) 16 

Act  February  6,  1907  (sec.  1),  and  act  May  11,  1912 18,31,32 

Cessation  of,  terminates  pension — 

Section  4692,  Revised  Statutes 20 

Act  January  29,  1887  (sec.  2) 16 

Act  June  27,  1890  (sec.  2) 29 

Act  May  9,  1900 30 

Contracted  in  service  and  line  of  duty,  title  to  pension  for.     Section 

4693,  Revised  Statutes 20 

Contracted  since  July  27,  1868,  when  pensionable.     Section  4694,  Re- 
vised  Statutes 27 

Contracted  while  in  Confederate  service,  not  pensionable.     Act  Jan- 
uary 29,  18S7  (sec.  1) 16 

In  prosecuting  pension  claims,  removed  in  certain  cases.     Act  March 

2,  1889  (sec.  4) 102 

Manual  labor,  unable  to  perform  or  unfit  for.     Act  May  11,  1912___  33 

Disbandment.     Of  organization,  date  of  termination  of  service.     Section 

4701,  Revised  Statutes 105 

Disbarment.     Of  agents  and  attorneys.     Act  July  4,  1884  (sec.  5) 61 

Disbursing  clerk : 

Bond  of.     Act  August  17,  1912  (sec.  5) 84 

Clerks  to  sign  name  of,  to  checks.     Act  August  17,  1912  (sec.  5) 84 

Deputy,  to  act  as  chief  clerk.     Act  March  4,  1913 83 

For  payment  of  pensions,  created.     Act  August  17,  1912 83 

Discharge  certificate.     ( See  Certificate  of  discharge. ) 
Discharge,  honorable.     (See  Honorable  discharge.) 
Disloyalty.     (See  Loyalty.) 
Division  of  pension : 

Payments  made  to  wife,  children,  etc.,  when.    Act  March  3,  1899 87 

Regulations  and  instructions  relative  to  claims  for 71 

Divorce.    From  second  husband  of  remarried  widow,  effect  of,  on  widow's 

title.    Acts  March  3,  1901,  and  February  28,  1903 51,  53 

Double  pension: 

Aviation,  Navy,  and  Marine  Corps,   Injuries  or  death  incurred  in. 

Act  March  3,  1915 24 

No  person  shall  receive  more  than  one  pension  for  the  same  period. 

Section  4715,  Revised  Statutes 94 

Dropping  name  from  pension  roll : 

By  reason  of  adulterous  cohabitation.    Act  August  7,  1882  (sec.  2) 44 

By  reason  of  dependence  ceasing — 

Section  4707,  Revised  Statutes 49 

Act  June  27,  1890  (sec.  1) 50 


164  INDEX. 

Dropping  name  from  pension  roll — Continued. 

By  reason  of  disability  ceasing —  Page. 

Section  4692,  Revised  Statutes 20 

Act  June  27,  1890  (sec.  2),  and  act  May  9,  1900 29,30 

By  reason  of  election  to  take  pension  under  some  other  law.    Section 

4715,  Revised  Statutes «>4 

By  reason  of  failure  to  claim  pension.    Section  4719,  Revised  Stai  '•>'- 

By  reason  of  forfeiture  to  minor  by  immoral  conduct.    Section  4706, 

Revised    Statutes 48 

By  reason  of  fraud  in  securing  pension — 

Act  March  9,  1878  (sec.  3) 11 

Act  January  29,  1887  (sec.  3) 

Act  July  27,  1892  (sec.  3) 1.'. 

By  reason  of  marriage  of  pensioner — 

Section  1656,  Revised  Statutes 9 

Section  4702,  Revised  Statutes,  as  amended  by  act  August  7, 1882_        44 

Section  4708,  Revised  Statutes 

Section  4726,  Revised  Statutes 9 

Section  4729,  Revised  Statutes 9 

Act  March  9,  1878  (sec.  2) 11 

Act  June  27,  1890  (sec.  3) 

Act  May  9,  1900 46 

Act  April  19,  1908  (sec.  2) 47 

By  reason  of  minority  ceasing — 

Section  4766,  Revised  Statutes 86,  87 

Act  August   7,   1882    (sec.   1)    amending   station   4702,    Ue 

Statutes 44 

Acts  June  27,  1890  (sec.  3),  and  May  9,  1900 46 

By  reason  of  reentry  into  military  or  naval  service.     Section  4724, 

Revised    Statutes i>7 

Notice  required  before  final  action.    Act  December  21,  1893 

Of  minor  or  helpless  child,  when  remarried  widow  is  granted  a  re- 
newal of  pension,  when.    Acts  March  3, 1901,  and  February  28,  HXtt     51-  r.:: 
Procedure  where  pension  by  special   act  is  secured   through  fraud. 

Section  4720,  Revised  Statutes 

Widow's  name  to  be,  upon  proof  soldier  living.    Act  March  13,  1896__ 

Duplicate  checks.     Secretary  of  the  Treasury  may  authorize  issue  of, 

when.    Act  February  23,  1909,  amending  section  3646,  Revised  Statutes  . 

E. 
Election : 

Rights  of— 

Acts  June  27,  1890  (sec.  2),  May  9,  1900,  February  6,  1907,  and 

May  11,  1912 30-32 

Acts  March  3,  1901,  and  February  28,  1903 

Section  4715,  Revised  Statutes 94 

Embezzlement : 

By  guardian,  of  pension  money.     Act  February  10,  1891 116 

Evidence  of  conversion,  what  constitutes.    Section  95,  Criminal  Code      123 
Failure  of  officer  to  render  accounts,  constitutes.    Section  90,  Crimi- 
nal Code 122 

Of  property  of  the  United  States.    Section  47,  Criminal  Code 121 

Prima  facie  evidence  of.    Section  94,  Criminal  Code 122 

Receipting   for    larger    sums    than    paid,    constitutes.      Section    86, 

Criminal  Code 122 

Employees.    Authority  for  appointment.    Section  169,  Revised  Statutes- _          5 
Engineer  (not  regularly  mustered).     Serving  on  gunboat  or  war  vessel, 

entitled  for  disability.    Section  4693,  Revised  Statutes 20 

Enlistment.     (See  Muster  and  remuster.) 

Enrolling  officer.    Pensionable  status  of.    Section  4693,  Revised  Statutes        20 

Evidence : 

Certificate  of  discharge  not.     Section  224,  Revised  Statutes 98 

Copies,  how  obtained 147 

Execution  of  papers.    Act  July  26,  1892 56 

Execution  of  papers  before  attorney  of  record,  effect  of 146 

Of  citizenship  in  Indian  war  claims.    Act  February  3,  1893 15 

Of  conversion,  what  constitutes.    Section  95,  Criminal  Code 123 


INDEX.  165 

Evidence — Continued.  Pase- 

Of  embezzlement,  what  constitutes.    Section  94,  Criminal  Code 122 

Of  marriage  and  of  birth 138, 139 

Of  record  of  pay  to  show  enlistment  or  muster  in  certain  Indian  war 

claims.    Acts  June  27,  1902,  and  May  30,  1908 13,14 

Of  service  and  discharge,  Mexican  War  service  claims.    Act  January 

29,  1887  (sec.  3.) 16 

Testimony  of  witnesses.    Regulations  and  instructions  relative  to 146 

Examining  surgeons.     (See  Surgeons.) 
Executive  department : 

Chief  clerks  of,  to  administer  oaths  of  office  without  compensation 

therefor.    Act  August  29,  1890 5 

Clerks,  etc.,  not  to  be  transferred  until  after  three  years'  service.    Act 

June  22,  1906 5 

Contributions,  presents,  etc.,  to  superiors,  prohibited.     Section  1784, 

Revised    Statutes 5 

Detail   to,   of  civil   employees   from   outside   District  of   Columbia 

restricted.    Act  June  22,  1906 5 

Head  of,  may  apply  to  United  States  court  for  subpoena  for  witness. 

Section  184,  Revised  Statutes i___          7 

Head  of,  to  employ  such  number  of  clerks,  etc.,  at  such  rates  of  com- 
pensation as  may  be  authorized  by  Congress.    Section  169,  Revised 

Statutes. 5 

Head  of,  to  report  annually  expenses  of  officers  and  employees  at 
Washington  who  have  traveled  outside  of  District  of  Columbia 

during  the  year.   -Act  May  22,  1908 5 

Notaries  public  employed  therein  to  administer  oaths  of  office  free 

of  charge.     Act  August  29,  1890 6 

Expert.     Commissioner  of  Pensions  authorized  to  employ,  and  fee.    Act 

July  25,  1882  (sec.  4) 81 

Extortion.     (See  Crimes.) 

Eyes.     Rates  for  loss  of  both,  and  for  total  blindness.     Tables  of  rates 110 

F. 

Failure  to  claim.     Name  to  be  dropped  after  three  years.     Section  4719, 

Revised  Statutes 92 

False  acknowledgment.     (See  Crimes.) 

False  and  fraudulent  affidavits.     (See  Crimes.) 

False  .certificate.     (See  Crimes.) 

False  claim.     (See  Crimes.) 

False  demand.     (See  Crimes.) 

False  impersonation.     (See  Crimes.) 

False  oath.     (See  Crimes.) 

False  personation.     (See  Crimes.) 

Fathers.     (See  Dependent  relatives.) 

Fee: 

Allowed  fourth-class  postmaster  for  administering  oaths  In  execution 

of  pension  vouchers.     Act  August  23,  1894 : 85 

Allowed  rural-delivery  carriers  for  administering  oaths  in  execution 

of  pension  vouchers.     Act  June  25,  1910  (sec.  2) 85 

Amount  to  be  paid  as,  in  absence  of  articles  of  agreement.     Act  July 

4,  1884  (sec.  4) 59-61 

Attorney- 
Allowed — 

Act  July  4,  1884  (sees.  3  and  4) 59-61 

Act  June  27,   1890    (sec.  4) 115 

Act  March  3,  1891 116 

Act  April  19,  1908    (sec.  3) 117 

Act  May  11,  1912  (sec.  3) 34 

None  allowed,  when — 

Act  January  25,  1879    (sec.  4) 42 

Act  July  4,  1884   (sec.  4) 60 

Act  March  19,  1886  (sec.  2) 45 

Act  August  15,  1892   (sec.  2) 116 

Acts  March  3,  1901  (sec.  2),  and  February  28,  1903  (sec.  3)_  52,  53 
Act  February  6,  1907  (sec.  3) 32 


166  INDEX. 

Fee — Continued. 

Attorney — Continued. 

None  allowed,  when — Continued.  Page. 

Act  April  19,  1908  (sec.  1) 117 

Act  May   28,   1908 117 

Act  May  11,  1912  (sec.  3) 34 

Board  of  examining  surgeons,  none  paid  member  not  participating. 

Act  July  25,  1882   (sec.  4) 81 

Of  examining  surgeon — 

Expert.    Act  July  25,  1882  (sec.  4) 81 

For    examination    at    claimant's    residence,    when    out    of    cor- 
porate limits.    Increased.    Act  May  28,  1908 

Of  surgeon,  for  examination.     Act  July  25,  1882  (sec.  4) 

For  examination  in  a  foreign  country.    Act  July  25,  1882  (sec.  4)         si 
Of  witnesses  before  special  examiner.    Section  185,  Revised  Statut.  <  7 

Fee  contracts.    Made  prior  to  passage  of  act  null  and  void.    Acts  June  i!T 

1902,  and  May  30,  1908 1:5.  14 

Fee,  illegal.     (See  Crimes.) 

Fees.     Table   of 1".  71 

Feet.     Rates  for  loss  of.     Tables  of  rates no 

Felonies  and  misdemeanors.    Distinguished.     Section  .",.">.".  Criminal  Code.       1-7 

Felony.  Misprison  of,  denned.     Section  140,  Criminal  C«  

Foreign  claims.     Execution  of  declarations,  etc.    Act  July  26,  1892 

Foreigners    (see  Foreign    residents   and   nonresident).      .\<>t    entitled    to 

pension,  certain  Indian  war  claims.     Act  July  27,  1  *'.»•_»   «»•<•.  l)__  1:5 

Foreign   medical  examinations.      Surgeons,    fee   for.     .\<-\    Julv    •_'.">,    1882 

(sec.  4) 81 

Foreign  residents: 

Payment  of  pension  to.     Act  March  2,  1895— 88 

Payment  of  pension  to,  not  made  on  power  of  attorney.     Act  March 

14,   1898 . 

(See  also  Foreigners  and  nonresidents.)' 
Forfeitures  of  pension  : 

Abandonment  of  minor  child  or  children  by  widow  works.     Section 

4706,  Revised  Statutes 4^ 

Adulterous  cohabitation  by  widow  works.    Act  Augn  (sec.  2)_         44 

Forged  obligations.     (See  Crimes.) 
Forged  papers.     (See  Crimes.) 
Forging.     (See  Crimes.) 
Form: 

Blank,  for  declaration,  etc.,  to  be  furnished  by  Commissioner  of  Pen- 
sions.    Section  4748,  Revised   Statutes 

Blank,   for  voucher.   Secretary   of    Interior  to  cause   suitable,    to   be 

printed  and  distributed.     Section  47(17,  Revised  Statutes 

Of  fee  contract r,s 

Fourth-class  postmasters.    Authorized  to  administer  oaths  in  execution  of 

pension  vouchers.    Act  August  23,  is'.H  ^.", 
Franked  envelopes.    For  return  of  pension  vouchers,  Secretary  of  the  In- 
terior to  furnish  free.    Act  March  4,  190<)__^ v» 

Fraud.    Upon  evidence  of,  in  obtaining  special  act.  Commissioner  of  Pen- 
sions to  suspend  pension.    Section  4720,  Revised  Statutes 94 

Funeral  expenses.    Payment  of,  when  made  out  of  accrued  pension,  r. 

lations  and  instructions  relative  to  claims  for 145 

Furlough,  sick  or  veteran.  Disability  incurred  while  on,  line  of  duty.   Sec- 
tion 4700 as 

G. 

General  law.    This  term  is  often  used  to  signify  the  act  of  July  14,  1862, 
or  other  legislation  granting  pension  on  account  of  disability  or  death 
due  to  service,  the  chief  features  of  which  are  now  embodied  in  sec- 
tions 4692,  4693,  and  4702.  Revised  Statutes 20,44 

Good  moral  character.     Question  of,  to  be  determined  by  Commissioner 

of  Pensions.     Act  March  3,  1899 87 

Government  Hospital  for  Insane: 

Claim  for  share  of  pension  of  inmate  of.     Regulations  and  instruc- 
tions relative  to 144 


INDEX.  167 

Government  Hospital  for  Insane — Continued.  Page. 

Disposition  of  pension  on  death  of  inmates.    Acts  February  20,  1905, 

and  February  2,  1909 90,91 

Disposition  of  accumulated  pension  on  transfer  of  inmate  to  National 
Home,  Disabled  Volunteer  Soldiers.  Acts  February  20,  1905,  and 
February  2,  1909 90, 91 

Pensions  of  inmates,  how  disbursed.    Acts  February  20,  1905,  and 

February  2,  1909 ._ 90,i)l 

Who  entitled  to  admission  to.     Act  February  20,  1905 90 

Government  officers  or  employees: 

Making  false  entries  or  false  reports ;  penalty.     Act  March  4,  1911 127 

Not   to  prosecute  claims   against  the  United   States.     Section   109, 

Criminal  Code 123 

Not  to  take  compensation  in  cases  where  United  States  is  a  party. 

Section  113,  Criminal  Code 124 

When  notaries  public  not  to  charge  for  certain  work  clone.  Act 
August  29,  1890 6 

(See  also  Officers.) 

Gray's  Battalion.     (See  War  with  Mexico.) 
Guardian : 

Embezzlement  of  pension  money  by.     Act  February  10,  1891 116 

Not  to  be  deprived  of  increase  of  pension  on  account  of  minor  chil- 
dren by  reason  of  their  maintenance  by  State  or  in  a  public  insti- 
tution. Section  4703,  Revised  Statutes 45 

Of  dependent  children,  pension  may  be  paid  to,  when  father  is  insane 
or  imprisoned.  Act  August  8,  1882,  amending  section  4766,  Re- 
vised Statutes 86 

Of  minor  children,  one-half  pension  payable  to,  when.     Act  March  3, 

1899 87 

Of  orphan  child,  to  receive  only  share  of  joint  pension  to  which  ward 
entitled.  Section  4707,  Revised  Statutes 49 

Pension   of  person   under   legal   disabilities   may   be   paid   to.    Act 

August  8,  1882,  amending  section  4766,  Revised  Statutes 86 

Gunboat  or   war   vessel.     Persons  serving  on,   not  regularly   mustered, 

status  of.     Section  4693,  Revised  Statutes i 20 

H. 

Half  of  soldier's  pension.     (See  Division  of  Pension.) 

Half -pay  pensions „          9 

Hands.     Loss  of.     Tables  of  rates 110 

Hawkins-Taylor  Commission.    Secretary  of  War  to  furnish  certificates  of 
discharge  to  members  of  Missouri  Home  Guards,  whose  claims  were 

adjudicated  by.     Act  May  15,  1886 98 

Headstones.     Applications  for 148 

Heirs : 

Pension  due  deceased  inmates  of  the  Government  Hospital  for  the 
Insane,  payable  to,  when.  Acts  February  20,  1905,  and  February 

2,  1909 90,  91 

Pension  due  deceased  inmates  of  the  Soldiers'  Home,  Washington, 

D.  C.,  payable  to.     Act  March  3,  1883 88 

Helpless  children: 

Pensionable  status  of.     Acts  June  27,  1890,    (sec.  3)    and  May  9, 

1900    46 

Rate  increased  to  $12  per  month.    Act  April  19,  1808  (sec.  1) 47 

Regulations  and  instructions  relative  to  claims  of 141 

Termination  of  pension  on  restoration  of  widow.     Acts  March  3, 

1901,  and  February  28,  1903 51-53 

Helplessness.     (See  Tables  of  rates) 110 

Homes  for  disabled  soldiers  and  sailors.     (See  National  Home  for  Dis- 
abled Volunteer  Soldiers.) 
Honorable  discharge: 

Benefits  of  section  2,  joint  resolution  July  1,  1902,  extended  to  officers. 
Joint  resolution  June  28,  1906 105 

70942°— 17 12 


168  INDEX. 

Honorable  discharge — Continued. 

Bounty-land  warrant,  grant  of,  to  person  for  service  in  War  of  1812, 
prima  facie  evidence  of  fact  of  service  and  of.    Act  Mmvh  9,  1878 

(sec.  3) 11 

Final,  governs,  when.    Joint  resolution  July  1,  1902  (sec.  2) 1<»r> 

Issued  in  certain  cases.    Act  March  2,  1889  (sec.  8) lo:{ 

Necessary  to  title  in  claims  under — 

Section  4730,  Revised  Statutes 15 

Act  March  9,  1878  (sec.  1) 11 

Act  January  29,  1887   (sec.  1) 10 

Act  June  27,  1890  (sees.  2  and  3) '-".'.  i<5 

Act  March  3,  1891 

Act  July  27,  1892  (sec.  1) KJ 

Act  February  17,  1897 

Act  May  9,  1900 

Act  February  6,  1907   (sec.  1) .".1 

Act  April  19,  1908  (sec.  2) 47 

Act  May  11,  1912  (sec.  1) 32 

Hospital.     (See  Government  Hospital  for  Insane,  also  N;IV\   Hospital.) 

I. 

Identity  of  pensioner  to  be  shown  before  payment  of  pension.   Section 

4765,  Revised  Statutes 86 

Illegal  fee.     (See  Crimes.) 
Immoral  conduct : 

Of  widow  forfeits  pension  during  child's  minority.     Section  4706, 

Revised    Statutes 48 

Open  and  notorious  adulterous  cohabitation  of  widow  pensioner  for- 
feits title.     Act- August  7,  1882 44 

Imprisoned  pensioner.     Claim  of  wife  or  minor  child   for  pension   of. 

Act  August  8,  1882 

Income : 

Of  father  a  factor  in  determining  title  of  mother.     Section  4707, 

Revised    Statutes 

Of  widow  a  factor  in  determining  title.    Acts  June  27,  1890  (sec.  3), 

and  May  9,  1900 

Of  widow,  claiming  renewal  as  remarried   widow.     Acts   Msin-h   :',. 

1901  and  February  28,  1903 

Increase : 

Act  March  2,  1895,  rates  less  than  $6  per  month 41 

Automatic.    Act  May  11,  1912   (sec.  5),  amended  by  act  March  4, 

1913 

Commencement  of,  section  4698$,  Revised  Statutes 

Indian  survivors  to  $20  per  month.     Act  February  19,  1913 

Loss  of  arm  at  or  above  elbow,  or  leg  at  or  above  knee.     Acts  March 

3,  1883,  and  August  4,  1886 3 

Loss  of  arm  at  or  above  elbow,  or  leg  at  or  above  knee,  or  total  dis- 
ability in  same.     Act  March  2,  1903 

Loss  of  arm  at  shoulder  joint,  or  leg  at  hip  joint,  or  inability  to  use 

artificial  limb.    Acts  August  4,  1886,  and  March  2,  1903 

Loss  of  both  feet.    Act  March  2,  1903 39 

Loss  of  both  hands.     Act  February  12,  1889 37 

Loss  of  one  hand  and  one  foot,  or  total  disability  in  same.     Act 

March  2,  1903 39 

Loss  of  one  hand  or  one  foot,  or  total  disability  in  same.     Acts  March 

3,  1883,  August  4,  1886,  and  March  2,  1903 38,  39 

Survivors  War  with  Mexico.     Acts  January  5,  1893,  April  23,  1900, 

and  March  3,  1903 17 

Survivors  War  with  Mexico,  $30  per  month.     Act  May  11,  1912 18,  32 

Total  blindness.     Act  April  8,  1904 1_  37 

Total  deafness.     Acts  August  27,  1888,  and  January  15,  1903 30.  40 

Total  helplessness.     Acts  June  18,  1874,  and  June  16,  1880 

Total  helplessness,  requiring  regular  aid  and  attendance.     Act  March 

4,  1890 40 


INDEX.  159 

Increase — Continued.  Page. 

Widows,  minors,  and  dependent  relatives,  $12  per  month.     Act  March 

19,  1886 44 

Widows,  minors,  and  helpless  children  to  $12  per  month.     Act  April 

19,  1908  (sec.  1) 47 

Indian  agents : 

Declarations  in  Indian  claims  may  be  made  before.     Act  July  2G      - 

1892  (sec.  2) __.  56 

Authorized   to   take   acknowledgments,   etc.      Section   2064,    Revised 

Statutes 57- 

Indian  claims.     Marriage  and  legitimacy,  how  established.     Section  4705 

Revised  Statutes 4g 

Indian  wars : 

False  oath  in  claims  deemed  perjury.     Act  July  27,  1892  (sec.  3)_.  13 

Increase  to  $20  per  month,  survivors.    Act  February  19,  1913 15 

Nez  Perce  Indians.     Persons  engaged  in,  and  the  widows  and  minor 

children  of  such  persons,  entitled  to  pension.  Act  March  3,  38Sl__  26 
Regulations  and  instructions  relative  to  claims  based  on  service  in__  131 
Survivors  of,  and  widows — 

Act  July  27,  1892 -.o 

Act  June  27,  1902 Jo 

Act  May  30,  1908 I__~__I 14 

Widows  and  minors  of  certain  officers  and  men  given  title      Section 

4732,  Revised  Statutes 9 

Insane  or  permanently  helpless  children.     (See  Helpless  children.) 
Insane  pensioner : 

Claim  of  wife  or  minor  child  for  pension  of.     Regulations  and  in- 
structions relative  to -IAK 

Pension  of,  may  be  paid  to  wife,  or  guardian  of  children,  wnen™~Act 

August  8,  1882,  amending  section  4760,  Revised  Statutes..  86 

(Sec  also  Government  Hospital  for  Insane.) 
Insane    person.     No    limitation    as    to    time    of    filing    claims    bv     Act 

March  3,   1879 42 

Inspection : 

Of  pension  agencies  and  boards  of  examining  surgeons;  expenses,  how 

paid.     Act  August  8,  1882,  amending  section  4766,  Revised  Statutes  86 

Reports— 

Of  examining  surgeons,  open  to.     Act  July  18,  1S94__  82 

Of  special  examiners,  open  to.     Act  May  28,  1908__  6 

Instructions.     (See  Regulations  and  instructions.) 
Interior  Department: 

Creation  of.     Section  437.  Revised  Statutes^ 5 

Rules  of  practice  before,  in  appeal  cases ~~  7$ 

Invalid  pensions : 

Acts  June  27,  1890   (sec.  2);  May  9,  1900;   February  6,  1907;  and 

May  11,   1912 30_32 

Basis  of  title  (general  law),  sections  4692,  4693 _  20,21 

Regulations  and  instructions  relative  to 133 

Investigations : 

Into    merits   of   pension    claims    authorized.     Section   4744,    Revised 

Statutes Q 

Of  attempts  to  defraud  the  Government  authorized.  ~  Sections  4744 

and  183,  Revised  Statutes 6  7 

Of  irregularity  or  misconduct  of  Government  officer.  Section  383, 
Revised  Statutes 7 

J. 
Jeannette,  steamer: 

Officers  and  men  lost  in  wreck  of,  date  of  decease  of.  Act  Janu- 
ary 3,  1887  (sec.  2) 59 

Twelve  months'  pay  allowed  to  widows,  minors,  or  dependent  parents 
of  officers  and  men  lost  in  wreck  of,  to  be  deducted  from  pensions 
of.  Act  January  3,  1887  (sec.  3) 50 

Justice  of  the  peace.     When  not  required  by  law  to  have  a  seal,  official 

character,  how  certified.    Act  July  26,  1892  (sec.  1) 5(> 


INDEX. 

K- 

nsion  rights  of.     Act   March  3, 
L. 


Kansas  Colored  Volunteers   (First).     Pension  rights  of.     Act   March  3, 
1891  _________________________________________________________ 


Leg.    Loss  of,  rates  for.    Tables  of  rates  ---------------  -- 

Legal  disabilities.     Persons  laboring  under;   payment  of  pension.     Act 
August  8,  1882  ________________________________________________ 

Legitimacy  ^  ^^  ^  ^  wedlock.     Section  4704,  Revised  Statutes  48 

Of  children  of  colored  and  Indian  soldiers,  how  proved.     Section  4<05, 

Levy,  attachment  or  seizure.     Pension  not  liable  to.     Section  4747,  Re- 
vised Statutes  ----------------------------------------------------- 

imiAs  to1  allowance  of  pension  ;  one  only  to  same  person  or  persons  en- 

titled jointly,  for  same  period.     Section  4715,  Revised  Statutes— 
As  to  date  of  filing  claim.     Act  March  3,  1879  (sec.  2)__ 
As  to  date  of  filing,  not  applicable  to  claims  of  insane  persons  or 

minors.     Act  March  3,  1879  (sec.  2)__ 
As  to  date  of  marriage- 

Effect  on  rate  of  widow's  pension.     Act  March  19.  1. 
Effect  on  widow's  title  — 

Acts  June  27,  1890  (sec.  3),  and  May  9,  1900— 
Act  March  3,  1899  ----------------- 

Acts  March  3,  1901,  and  February  28,  1903— 
Act  April  19,  1908  (sec.  2)  ------- 

As  to  disloyalty  removed  (see  Note  1,  sec.  4716,  Rev.  Stat) 
As  to  duration  of  widows'  and  minors'  pensions  — 

Act  August  7,  1882,  amending  section  4702,  Revised  Si  a: 
Acts  June  27,  1890  (sec.  3),  and  May  9,  1900— 

As  to°period  of  payment~in  claims  of  dependent  relatives.  Section 
4707  Revised  Statutes,  and  act  June  27,  1890  (sec.  !)__ 

As  to  prosecution  of  claims  by  militiamen.  Section  4693,  Revised 
Statutes  —  —  ____________________________________ 

As  to  rate,"  Navy"  p'e'ns'ion  fund.     Sections  4756  and  4757,   Revised 

Statutes          __  -  _____________________________________________ 

As  to  time  of  filing  applications  under  act  August  14,  1888,  removed. 
Act  May  24,  1900  (sec.  2)  ______________________ 

As  to  time  of  filing  applications  under  the  act  of  March  2,  1889  (sec.  9)  _ 
As  to  time  of  filing  applications  under  act  of  March  2,  1889,  extended. 

As  to  time  of  'filing  applications  under  the  act  of  March  2,  1889,  re- 
newed. Act  March  2,  1895  ---------------------------- 

Bar  imposed  by  act  March  3,  1865,  against  certain  remarried  widows 
removed  in  restoration  claims.  Act  February  28,  1903  (sec.  2)__ 

Both  pension  and  pay  of  rank  in  service  not  allowable,  unless.  Sec- 
tion 4724,  Revised  Statutes  ---------------------- 

Invalid  claims;  disabilities  incurred  since  July  27,  1868.  Section 
4694,  Revised  Statutes  ----------- 

Removed  as  to  date  of  filing  widows'  claims.     Act  June  7,  1888— 
Limitations,  statute  of.     (See  Statute  of  limitations.) 

se  of  disability  or  death  must  originate  in,  to  give  pensionable 
status,  when.     Section  4693,  Revised  Statutes- 
Conditions  requisite  to  give  title  since  July  27,  1868.     Section  4 
Revised  Statutes  -------------------------------- 

Disability  incurred  while  on  sick  or  veteran  furlough,  etc.     Section 
4700,  Revised  Statutes  ------------------------------------- 

Loss  of  certificate  of  discharge.     (See  Certificate  of  discharge.) 
Loss  of  limbs.    Rates  for.    Tables  of  rates- 

Lost    stolen,  or  destroyed  checks.     Duplicates  to  be  issued,  when,  etc. 
Act  February  23,  1909  --------------------------------------------- 


INDEX.  171 

Loyalty :  Page. 

A  requisite  to  pension.    Section  4716,  Revised  Statutes 95 

Requirement  of,  waived  in  certain  cases — 

Act  March  9,  1878  (sees.  5  and  6) ^ 12 

Act  January  29,  1887  (sec.  5) 17 

Act  July  27,  1892  (sec.  6) 13 

Act  August  1,  1892 „     _96 

Act  April  18,  1900 96~ 

Joint  resolution  July  1,  1902  (sec.  1) 96 

Maine,  steamer.    Commencement  of  pensions  arising  out  of  destruction  of. 

Act  March  30,  1898  (sec.  4) 51 

Manual  labor : 

Incapacity  for.    Acts  June  27,  1890  (sec.  2),  and  May  9,  1900 29,30 

Total  incapacity  for.    Tables  of  rates 110 

Unable  to  perform  or  unfit  for.    Act  May  11,  1912__ 33 

Marine  Corps : 

Double  pension  for  injuries  or  death  while  engaged  in  aviation.    Act 

March  3,  1915 24 

Officers  and  men  on  active  or  retired  list  of,  not  pensionable.     Act 

March  3,  1891 97 

Pensionable  status  of  members — 

Section  4693,  Revised  Statutes 20 

Act  January  29,  1887  (sec.  1) 16 

Acts  June  27,  1890  (sec.  2),  and  May  9,  1900 29,30 

Acts  February  6,  1907,  and  May  11,  1912 31,32 

Persons  in,  not  to  draw  both  pay  and  pension,  except.    Section  4724, 

Revised    Statutes 97 

Ten  years'  service,  allowances  to  members  of.    Section  4757,  Revised 

Statutes 55 

Twenty   years'   service,   allowances   to   members   of.      Section   4756, 

Revised    Statutes 54 

Marriage : 

Continuous  cohabitation  required  in  certain  cases.     Act  March  3, 

1899 48 

Date  of,  effect  on — 

Rate  in  widow's  claim.     Act  March  19,  1886 44 

Remarried  widow's  title.    Acts  March  3,  1901,  and  February  US, 

1903 51-53 

Widow's  title- 
Act  June  27,  1890  (sec.  3) 46 

Act  March  3,  1899 48 

Act  May  9,  1900 46 

Act  April  19,  1908  (sec.  2) "47 

How  proved — 

Act  August  7,  1882   (sec.  2) 44 

Instructions  relative  to  proof  of 138 

Of  widows  of  colored  and  Indian  soldiers,  how  proved.    Section  4705, 

Revised    Statutes 48 

Prior  to  June  27,  1890,  necessary  to  widow's  title  to  pension  under 

certain  acts.    Acts  June  27,  1890,  May  9,  1900,  and  April  19,  1908__  46,  47 
Terminates    pension.      In    mothers',    sisters',    and    widows'    claims. 
Section  4708,  Revised  Statutes  amended  by  acts  March  3,  1901, 

and  February  28,  1903 51-53 

Master : 

In   merchant-marine  service,   drafted   in   time  of  war,   pensionable 

status  of.    Act  May  28,  1896 106 

(Not  regularly  mustered)  serving  on  gunboat,  entitled  for  disability. 

Section  4693,  Revised  Statutes 20 

Mate.    In  merchant-marine  service,  drafted  in  time  of  war,  pensionable 

status.    Act  May  28,  1896 ,. 106 

Means  of  support : 

A  factor  in  determining  dependent  parents'  title  to  pension.    Section 

4707,  Revised  Statutes,  and  Act  June  27,  1890  (sec.  1) 49,  50 

A  factor  in  determining  Army  nurse's  title  to  pension.    Act  August  5, 

1892  (sec.  1) 27 

A  factor  in  determining  widow's  title  to  restoration  to  rolls.     Acts 

March  3,  1901,  and  February  28,  1903 51-53 


172  INDEX. 

Means  of  support — Continued.  Page. 

A  factor  in  determining  widow's  title,  to  pension.    Acts  June  27,  1890 

(sec.  3),  and  May  9,  1900 i«; 

A  factor  in  determining  wife's  title  to  one-half  of  husband's  pension. 

Act  "March  3,  1899 87 

Mechanical  appliances  and  artificial  limbs.  Application  for,  to  be  made 

to  Surgeon  General,  United  States  Army 1-4* 

Medical  referee.  Appointed  by  Secretary  of  Interior,  and  duties  of.  Sec- 
tion 4776,  Revised  Statutes 80 

Medical  Reserve  Corps.    Officers  of,  entitled  to  pension,  when.    Act  April 

23.  1908  (sec.  9) 22 

Merchant-Marine  Service.    Persons  serving  in,  liable  to  draft  in  time  of 

war  and  entitled  to  pensions  for  wounds  received.    Act  May  28,  1896 106 

Meritorious  claims.    Not  provided  for  by  law,  Secretary  of  the  Interior  to 

report  to  Congress.    Resolution  May  29,  1830 95 

Mexican  War.     (See  War  with  Mexico.) 
Military  records : 

Correction  of;   honorable  discharge  to  issue,  whon.     Act  March  2, 

1889  (sec.  8) 103 

Of  certain  soldiers  and  sailors,  certain  laws  rotating  to,  modified  to 

permit  allowance  of  pension.    Joint  resolution  February  27,  1011 104 

Militia : 

Act  February  6,  1907,  extended  to  include  certain  im>ml> 

March  4,  1907 :;j 

Act  May  11,  1912  (sec.  4),  to  include  certain 34 

Claims  of  members  of,  must  have  been  prosecuted  to  successful  ; 

prior  to  July  4,  1874.    Paragraph  4,  section  4G<>:5.  Kr\  is-  d  Statutes.         L'l 

Missouri,  Powell's  battalion,  Mexican  War,  pensionable  status  of  sur- 
vivors, etc.  Act  March  3,  1891 18 

Missouri,  State  and  Provisional,  pensionable  status  of.  Section  47JJ. 
Revised  Statutes L'J 

Missouri,  widows,  minor  children,  and  dependent  relatives  of  mem- 
bers of,  who  were  murdered  at  Central  ia,  Mo.,  pensioned.  Act 
March  3,  1875  (sec.  2) 45 

Naval,  status  of  officers  and  men.    Act  February  16,  1914 23 

Of  the  States,  in  service  of  the  United  States,  status  of.    Act  April  22, 

1898  (sec.  12) 106 

Organized,  pensionable  status  of  officers  and  men.    Acts  January 
1903  (sec.  22  and  sees.  4  and  7,  as  amended  by  act  of  May  27, 1908)  _  2'J.  I'.". 

Pensionable  status  of.    Section  4693,  Revised  Statutes 20 

Second  Regiment,  Third  Brigade,  Ohio  Volunteers,  given  pay  despite 

irregularity  of  muster.    Act  June  8,  1864 n<; 

Minimum  of  pension.    Granted  for  disability.    Act  March  2,  1895 41 

Minors : 

Claim  of,  for  pension  of  insane  or  imprisoned  invalid  pensioner,  regu- 
lations and  instructions  relative  to 145 

Commencement  of.    Section  4702,  Revised  Statutes 4  I 

Date  of  commencement  of,  on  abandonment  by  widow.  Section  4706, 
Revised  Statutes 

Entitled  to,  until  16  years  of  age.     Section  4702,  Revised  Statutes        44 

Increase  to,  when  rate  is  less  than  $12  per  month — 

Act  March  19,  1886 44 

Act  April  19,  1908  (sec.  1) 47 

Limitation  as  to  pension,  act  March  2,  1889,  removed  whon  dis- 
charged from  service  by  order  of  court.  Act  March  2,  1S91 103 

Of  men  lost  in  wreck  of  Ashuelot,  12  months'  pay  to  be  deducted 

from  pensions  of.     Act  January  29,  1887  (sec.  2) 51 

Of  officers  and  men  lost  in  wreck  of  Jcannctte,  12  months'  pay  allowed 

to  be  deducted  from  pensions  of.    Act  January  3,  1887  (sec.  3) no 

Of  officers  and  men  who  served  90  days  in  War  of  Rebellion  and  were 
honorably  discharged,  entitled  to  pension,  when.  Acts  June  27, 
1890,  and  May  9,  1900 46 

Of  soldiers  and  militiamen  who  were  murdered  at  Centralia,   Mo., 

pensioned.     Act    March   3,    1875 45 

One-half  pension  payable  to  guardian  of,  when.    Act  March  3,  1899__        87 

Regulations  and  instructions  relative  to 140 


INDEX.  173 

Minors — Continued.  Page. 

To  equal  that  of  a  widow  where  no  widow  entitled.     Section  4703, 

Revised    Statutes 45 

Under  different  guardians,  each  to  receive  only  share  to  which  his 

respective  ward  entitled.     Section  4707,  Revised   Statutes 49 

Misdemeanors  and  felonies  defined.     Section  335,  Criminal  Code 127 

Missouri,  Department  of  the.    Officers  and  men  entitled  to  pension,  when. 

Act   March  25,   1862    (sec.   2) 25 

Missouri  Home  Guards.     Secretary  of  War  to  furnish  certificates  of  dis- 
charge to  members  of.     Act  May  15,  1886 98 

Missouri  Militia  : 

Act  June  27,  1890,  extended  to  include.     Joint  resolution  February  15, 

1895 31 

Act  February  6,  1907.  extended  to  include.    Act  March  4,  1907 32 

Act  May  11,  1912  (sec.  4),  to  include 34 

Powell's  battalion,   Mexican  War ;   pensionable  status  of  members, 

etc.     Act  March  3,  1891 18 

State  and  provisional,  pensionable  status  of.     Section  4722,  Revised 

Statutes    .     22 

Widows,  minor  children,  and  dependent  relatives  of  members  of, 
who  were  murdered  at  Centralia,  Mo.,  pensioned.  Act  March  3, 

1875    (sec.    2) 45 

Montana.     Pensionable  status  of  certain  citizens  of,  and  their  widows. 

Nez  Perce  Indian  War.    Act  March  3,  1881 26 

Moral  character.    Of  wife  in  claims  for  division  of  pension.    Act  March  3, 

1899    87 

Mothers.     (See  Dependent  relatives.) 

Muster.    Regular  or  not,  effect  on  title  to  pension : 

Section  4693,  Revised  Statutes 20 

Acts  June  27,  1902,  and  May  30,  1908 13, 14 

(See  also  Remuster.) 

N. 

National  Home,  Disabled  Volunteer  Soldiers: 

Pension  due  inmate  at  his  death,  how  disposed  of.     Acts  February  26, 

1881,  August  7,  1882 89 

Disposition  of  accumulated  pension  on  transfer  of  inmate  to  Govern- 
ment Hospital  for  the  Insane.  Acts  February  20,  1905,  and  Feb- 
ruary 2,  1909 90,  91 

Insane  inmates  of,  entitled  to  admission  to  the  Government  Hospital 

for  the  Insane.    Act  February  20,  1905 90 

Pensions  of  inmates  of,  payment  to  treasurer.     Acts  February  26, 

1881,  and  August  7,  1882 89 

One-half  pension  of  inmates  payable  to  wife,  minor  children,  or 
permanently  helpless  and  dependent  child,  when.  Act  March  3, 

1899 87 

Naval  Home  at  Philadelphia.     Pensions  of  inmates  of,  paid  to  Secretary 

of  the  Navy.    Act  May  4,  1898 89 

Navy: 

Militia,  status  of  officers  and  men.     Act  February  16,  1914 23 

Reserve,  establishment  of.     Act  March  3,  1915 24 

Navy  Hospital.     Pensions  of  inmates  of,  paid  to  Secretary  of  the  Navy. 

Section  4813,  Revised  Statutes,  and  act  May  4,  1898 89- 

Navy  or  Marine  Corps: 

Certain  appointed  and  enlisted  men  in,  relieved  from  the  charge  of 

desertion ;  conditions.     Acts  August  14,  1888,  and  May  24,  1900___  99-101 
Double  pension  for   injuries   or   death   while   engaged   in   aviation. 

Act  March  3,  1915 24 

Navy  pensions.     Payable  from  Navy   pension  fund.     Section  4755,   Re- 
vised  Statutes 54 

Navy  pension  fund : 

Creation  of.     Section  4751,  Revised  Statutes 54 

Disabled  persons  serving  not  less  than  10  years  may  receive  aid  from. 

Section  4757,  Revised  Statutes 55 

Half  rating  to  disabled  enlisted  persons  serving  20  years  in  Navy  or 

Marine  Corps,  payable  from.     Section  4756,  Revised  Statutes 54 


174  INDEX. 

Navy  pension  fund — Continued. 

How  to  be  invested.     Section  4753,  Revised  Statutes 

Navy  pensions  payable  from.     Section  4755,  Revised  Statutes 

Payments  out  of,  to  be  made  upon  application  to  the  Sec-retar 

the  Navy.     Section  4756,  Revised   Statutes 54 

Prize  money  accruing  to  United  States  to  constitute.     Section 

Revised  Statutes 

Secretary  of  the  Navy  trustee  of.     Section  47-">M,  Itevisrd  statu:  54 

Navy  service  allowances.     Regulations  and  instructions  n-la  -__       l.">7 

Necessitous  circumstances.     Act  March  ."»,  ]syo 87 

New  disability  claims.     Attorney  fee  ill : 

Act  July  4,  1884 

See  also  Table  of  attorney  fees 70.71 

New  York  Infantry  (Twentieth).     Relief  of.     AH  of  February  127.  19<i5._         43 
Nez  Perce  Indian    War.     Title  to   pousioi  ged    in.    tl 

widows  and  minor  children.    Act  March  26 

Nonenlisted  men.     Pensionable  status  of.     :  20 

Nonresident.      Provision  against   payment  of  pension   to,   repealed.     Act 

March  2,  1895 88 

Notaries  public: 

In  employ  of  United   States,   to  administer  oaths  of  office  free  of 

charge.    Act  August  29.  1890 6 

In  the  District  of  Columbia,  not  prohibited  from   praniHng  befnre 

departments.    Act  June  29,  1906 58 

Not  to  take  acknowledgments,  etc.,  in  cases  where  interested.     Act 

June  29,  1906 58 

Official  character  of,  in  executing  pension  papers,  how  shown.     Act 

July  26,  1892 56 

Notice : 

In  claims  under  the  act  of  March  3,  1899 

Of  suspension  or  dropping,  what  to  contain.     Act  December  21.  97 

Pension  not  to  be  suspended  or  reduced  without.    Act  June  21.  1>7'.» 

and  December  21.  1*93 8 

To  pensioners  that  no  pensions  will  be  paid  except  upon   \nuchers 
furnished  to  pension  agents,  blanks  for  vouchers  to  orniain.     .v 

tion  4767,  Revised  Statutes 85 

Nurses,  Army.     (See  Army  nurses.) 

O. 
Oath  of  allegiance: 

Any  person  prosecuting  claims,  required  to  take.     Section  3478,  Re- 
vised   Statutes 

Form  of.     Section  1757,  Revised  Statutes 

>Vh«>  may  administer.    Section  3479,  Revised  Statutes 58 

Oath  of  office: 

Chief  clerk  to  administer  without  compensation  therefor.     Act  Aug- 
ust 29.   3X90 5 

To  be  administered  free  of  charge  by  notaries  public  in  employ  of 

United  States.    Act  August  29,  1890 6 

Oaths : 

Clerk  detailed  to  investigate  attempt  at  fraud  authorized  to  admin- 
ister.    Section  4744,  Revised  Statutes 

False,   deemed  perjury   in   Indian   war   claims.     Act  July   27,    ] 

(sec.  3) 13 

False,  deemed  perjury  in  Mexican  War  claims.     Act  January  29, 

1887  (sec.  3) 16 

False,  deemed  perjury  in  War  of  1812  claims.     Act  March  9,  1878 

(sec.  3) 11 

In  execution  of  pension  vouchers,  fourth-class  postmasters  authorized 

to  administer.    Act  August  23,  1894 85 

In  execution  of  pension  vouchers,  rural  delivery  carriers  authorized 
to  administer.    Act  June  25,  1910  (sec.  2) 85 

In  execution  of  pension  vouchers,  United  States  officers  to  administer 

free  of  charge.    Act  March  1,  1889 85 

May  be  taken  before  any  officer  authorized  to  adminster  oaths  for 
general  purposes.    Act  July  26,  1892 

Or  acknowledgments  may  be  taken  or  made  before  United  States 
commissioners.     Section  1778,  Revised  Statutes 57 


INDEX.  175 


Oaths—  Continued. 

Special  examiners  authorized  to  administer.    Acts  July  25,  1882,  and 

March  3,  1891  _________________________________________________          6 

Taken  before  officer  not  required  by  law  to  have  an  official  seal,  signa- 
ture, and  official  character,  how  certified.  Act  July  26,  1892 
(  sec.  1  )  _______________________________________________________  56 

Officers  : 

Benefits  of  section  2,  joint  resolution  July  1,  1902,  extended  to.    Joint 

resolution  June  28,  1906  ________________________________________       105 

Of  Army,   Navy,   Marine   Corps,   Revenue-Cutter   Service,   or   Coast 
Guard  on  active  or  retired  list  not  pensionable.     Acts  August  29, 
1890,  March  3,  1891,  May  27,  1908,  and  January  28,  1915  ----------        97 

(Sec  also  Government  officers  or  employees  and  United  States  officers.) 
Official  character.    Of  officer  not  required  by  law  to  have  a  seal,  how  certi- 

fied.   Act  July  26,  1892  (sec.  1)  -------------------------------------        56 

Ohio  Volunteer  Light  Artillery,  First  Regiment    (3  months).     Military 

service  recognized.    Act  December  19,  1902  ---------------------------        26 

Ohio  Volunteer  Militia,   Second  Regiment,  Third  Brigade.     Given  pay 

despite  irregularity  of  muster.    Act  June  8,  1864  ---------------------        26 

One-half  pension.     (See  Division  of  pension.) 
Original  papers.     (See  Copies  or  originals  of  papers.) 
Orphan  children.     Different  guardians  of,  to  receive  only  share  of  joint 
pension  to  which  their  respective  wards  are  entitled.     Section  4707, 
Revised  Statutes  ----------------------  ----        49 

Overpayment  : 

Pensions  not  to  be  withheld  to  meet.    Section  4734,  Revised  Statutes-        98 
To   widow,   effect   of,   on   commencement   of  minor's   pension.     Act 

August  7,   1882  ------------------------------------------------        44 

P. 

Papers.     (See  Copies  or  originals  of  papers.) 

Pay: 

Pension  and,  not  allowed  unless.     Section  4724.  Revised  Statutes__  97 

Record  of.  accepted  as  evidence  of  service.     Acts  June  27,  1902,  and 

May  30,  1908  __________________________________________________  13,  14 

Pay  (back  and  extra).     With  whom  claims  for,  filed  ----- 

Paymasters'  clerks,  (Army).     Status  of.     Act  March  3,  1911  ------------       106 

Payment  : 

Checks  lost  or  stolen,  issue  of  duplicates.     Act  February  23,  1909  ---- 

Dates  of.     Act  August  17,  1912  -----------------------------------  83 

Fractional  parts  of  quarter,  authorized   upon  transfer   to  different 

groups.     Act  August  17,  1912  -------------------------------  —  —         83 

Identity   of   pensioner   to   be   shown   before   making.     Section    4765, 

Revised  Statutes  ________________________________  86 

In  accrued  claims,  to  whom  made.     Act  March  2,  1895__ 

In  claims  for  one-half  pension,  how  made.     Act  March  3,  1899  ------ 

In  claims  for  one-half  pension.     Regulations  relative  to  --------  71 

Mailing  of  check  by  pension  agent  constitutes.     Act  March  2,  1895  —         91 
Not   made   on    power   of   attorney   in    claims   of   nonresidents.     Act 

March  14,   1898  ________________________________________ 

Not  to  be  withheld  or  suspended  without  notice.     Act  December  21, 

1893  __________________________________________________________         9~ 

Of  part  of  pension  to  wife,  child,  or  parent  when  allotted  by  inmate 

of  Soldiers'  Home,  Washington,  D.  C.     Act  March  3,  1883  ---------         88 

Of  pensions  of  inmates  of  the  National   Home,  Disabled  Volunteer 

Soldiers,  to  be  made  to  the  treasurer,  upon  a  proper  certificate. 

Acts  February  26,  1881,  and  August  7,  1882  --------------  89 

Of  pensions  to  nonresidents,  provision  against  repealed.     Act  March  2, 

1895  _________________________________________________ 

Of   pensions   to   widows,   conditions   as   to   date   of   marriage.     Act 

March  3,  1899  ________________________________________ 

Out  of  Navy  pension  fund  to  be  under  direction  of  Commissioner  of 

Pensions.     Section  4756,  Revised  Statutes  ------------------------ 

Personal,  may  be  made,  when.     Section  4765,  Revised  Statutes.. 
To  dependent  relatives  to  be  made  during  period  of  dependence  only. 

Section  4707,  Revised  Statutes,  and  act  June  27,  1890  (sec.  1)  -----  49,50 


176  INDEX. 

Payment— Continued. 

To  Indian  pensioners.    Act  August  8,  1882,  amending  section    I 

Revised  Statutes 86 

To  invalid  pensioners  made  during  continuance  of  disability  only- 
Section  4692,  Rerised  Statutes 20 

Acts  June  27,  1890  (sec.  2),  and  May  9,  1900 :.".».  :;<) 

To  pensioned  inmates,  Government  Hospital  for  the  Insane,  made  to 
superintendent    or    disbursing    officer    of.     Acts    August    7,    1882, 

February  20,  1905,  and  February  2,  1909 89-91 

To  pensioned  inmates  of  Naval  Home,  Philadelphia,  made  to  Secre- 
tary of  the  Navy.     Section  4813,  Revised  Statutes,  and  act  May  4, 

1898 89 

To   pensioned   inmates   of    State  or   territorial    homes  to   be   made 

directly  to  pensioners.    Act  May  28,  1908 

To  pensioners  entitled  only,  except.     Act  August  8,  1882,  amending 

section  4766,  Revised  Statutes 

To  pensioners  without  vouchers  in  certain  cases.    Act  August   IT, 

1912    (sec.  3) 83 

To  widow  on  account  of  minor  child  by  former  wife.     Sect! 

Revised    Statutes -T> 

To  wife  or  child  of  imprisoned  or  insane  pensioner,  when  made.    Act 

August  8,  1882,  amen<:  D  17»;<;.  Revised  Statutes 

Pension : 

Not  allowable  while  in  ith  certain  exceptions.    Section  4T'J4. 

Revised    Statutes 97 

Not  to  be  withheld  or  rodi:-  t   upon  notice  and  hearing.     Act 

June  21  1879  (sec.  3) 81 

Vested  right  not  to  be  withheld  or  1  without  notice.     Act 

December  21,  1893 !>7 

Pension  agencies.    Abolishment  of.    A<  2 83 

Pension  agents  (now  disbursing  clerk  for  ,  :s)  : 

Attorney   fees  to  bo  paid   by,   only   upon   order   of  Commissioner   of 
Pensions.     Acts  June  27,  1890   (sec.  4),  and  April   19,  1T«)8    (f 

3) 115, 117 

Duty  of,  upon  receipt  of  articles  of  agreement.     Section  4769. 

vised   Statutes 

To  draw  check  to  the  order  of  and  to  mail  to  each  pensioner.    Section 

4765,  Revised  Statutes 86 

To  send  quarterly   vouchers  to  ear1.                                                     Re- 
vised Statutes— 84 

Pension  appeals.     Rules  of  practice  in 7<> 

Pension  certificate.     Pledging  void.  etc.     Act  February  L'S.  1S83 111 

Pension  money.     Not  liable   to   attachment,   levy,   or   sei/.ure.      Section 

4747,  Revised  Statutes 

Pensioners : 

False  impersonation  of;  penalty.     Section  33,  Criminal  Code 110 

Name  of,  stricken  from  rolls,  when — 

Act  March  9,  1878  (sec.  3) 11 

Act  January  29,  1887  (sec.  3) 10 

Act  July  27,  1892  (sec.  3) 13 

Secretary  authorized  to  arrange  in  three  groups  for  payment.     Act 

August  17,  1912.     Section  2 83 

Perjury.     (See  Crimes.) 

Permanent  and  specific  disabilities.     Rates  for.     Table  of  rates 110 

Permanently  helpless  and  dependent  child.     One-half  pension  payable  to, 

when.     Act  March  3,  1899 87 

Personal  aid  and  attendance.    Rates  for.    Table  of  rates 110 

Philippine  Scouts.     Status  of.    Act  February  2,  1901 4.°, 

Pilots : 

In   merchant-marine   service   drafted   in   time   of   war,   pensionable 

status  of.     Act  May  28,  1896 106 

Not  regularly  mustered,  serving  on  gunboats  or  war  vessels,  entitled 

for  disability.     Section  4693,  Revised  Statutes 20 

Pledging  pension  certificate.     Penalty.     Act  February  28,  1883,  amending 

section  4745,  Revised  Statutes 114 

Political  disabilities.     Made  a  factor  in  determining  title  in  Mexican  War 
service  claims.     Act  January  29,  1887  (sec.  6) 17 


INDEX.  177 

Page. 

Porto  Rico  Infantry.     Provisional  Regiment.     Status  of,  act  February  2, 
1901 43 

Postage.     Amount  permissible  to  attorneys— 71 

Postmasters : 

Fourth-class  may  administer  oaths  in  execution  of  pension  vouchers. 

Act  August  23,  1894 85 

Rural  delivery  carriers  may  administer  oaths  in  execution  of  pension 
vouchers.     Act  June  25,  1910 85 

Powell's  battalion.     (See  War  with  Mexico.) 
Power  of  attorney : 

Penalty  for  forging,  or  transmitting  forged.     Section  29,  Criminal 

Code 118 

Pensions  of  foreign  residents  not  to  be  paid  on.     Act  March  14,  1898_        88 
Presumption : 

Death  from  seven  years'  unexplained  absence.     Act  March  13,  1896 53 

Legal  termination  of  pension.     Section  4719,  Revised  Statutes 92 

Soundness  at  enlistment.     Act  March  3,  1885 43 

Principals.     Defined.     Section  332,  Criminal  Code 127 

Printed  instructions.     In  pension  claims,  furnished  free  of  charge.     Sec- 
tion 4748,  Revised  Statutes 56 

Prior  soundness.     Presumption  of.     Act  March  3,  1885 43 

Privateer  pension  fund : 

How  derived.     Section  4759,  Revised  Statutes 54 

Secretary  of  the  Navy  to  be  trustee  of.    Section  4758,  Revised  Statutes-        54 

To  be  paid  into  Treasury.     Section  4760,  Revised  Statutes 54 

Privateers : 

Commanding  officer  of,  to  enter  in  journal  name  and  rank  of  wounded 

or  disabled  officer  or  seaman.     Section  4762,  Revised  Statutes 54 

Transcript  of  journal  to  be  transmitted  to  the  Secretary  of  the  Navy. 

Section  4763,  Revised  Statutes— 54 

Privateersrnen.     Wounded  or  disabled,  Secretary  of  the  Interior  required 

to  place  on  pension  list ;  rates.     Section  4761,  Revised  Statutes 55 

Prize  money.     Accruing  to  United  States,  to  remain  a  fund  for  pensions. 

Section  4752,  Revised  Statutes 54 

Professional  assistance.     To  be  furnished  by  Attorney  General,  etc.     Sec- 
tion 187,  Revised  Statutes 7 

Prohibition.    Against  persons  formerly  in  departments  prosecuting  claims 
in  them  for  two  years  after  separation  from  service.     Section  190, 

Revised  Statutes 57 

Provisional  Missouri  Militia.     (See  Missouri  Militia.) 

Provost  marshal  and  deputy  provost  marshal.     Pensionable  status  of. 

Section  4693,  Revised  Statutes 20 

Q. 
Qualified  surgeons.     (See  Surgeons.) 

R. 

Rank: 

Determined  by  date  of  commission  or  appointment,  when.     Section 

4696,  Revised  Statutes 29 

Held  at  time  of  contracting  disability  governs  rate  of  pension,  when. 

Sections  4695  and  4696,  Revised  Statutes 28,  29 

How  determined  in  case  of  remuster.    Act  February  24,  1897 106 

Not  considered  in  determining  rate  under  acts  June  27,  1890 ;  May  9, 

1900 ;  February  6,  1907,  and  May  11,  1912 29-33 

Rate: 

According  to  rank  at  date  of  incurrence  of  disability.     Section  4696, 

Revised    Statutes 29 

Arrears  of  pension.    Acts  January  25,  1879,  and  March  3,  1879 41,  42 

$18,  division  of,  for  degrees  of  disability  less  than  total.     Section 

4699,  Revised  Statutes 41 

Equalization  of.    Act  June  6,  1874 94 

For  amputation  of  leg  at  hip  joint.    Act  March  3,  1879 38 

For  Army  nurses,  Rebellion  service.    Act  August  5,  1892  (sec.  1.) .        27 


!78  INDEX. 

Rate— Continued.  Paee- 

For  dependent  relatives.     Section  4707,   Revised   Statutes,   and  act 

June  27,  1890  (sec.  1) •*!>.  •"><> 

For  Indian  wars,  survivors  increase.    Act  February  19,  "T.H3   . 

For  Indian  war  survivors  or  widows.     Acts  July  27,  1SOJ  ;  June  -7. 

1902,  and  May  30,  1908 

For  loss  of  arm  at  or  above  elbow;  or  leg  at  or  al»o\e  kiue.     Act 

June  18,  1874 

For  loss  of  arm  at  shoulder  joint  and  loss  of  leg  at  hip,  equal 

Act  March  3,  1885 

For  loss  of  both  hands  or  both  feet,  or  sight  of  both  eyes.    A<-t 

17,  1878 

For  loss  of  one  hand  and  one  foot.    Act  February  28,  1877 

For  loss  of  sight  of  both  eyes.     (Act  June  17,  1878,  construed.) 

March  3,  1879 

For  Mexican  War  survivors  or  widows.    Act  January  29,  1887__ 
For  nonspecific  disabilities,  fixed  by  office  rulings.     Table  of  r; 

No.   3 111 

For  permanent  specific  disabilities,  subsequent  to  .July  4,  1SG4,  and 

prior  to  June  4,  1872.     Section  4007,  Revised  Statutes 34 

For  permanent  specific  disabilities  subsequent  to  June  4,  187H. 

tion  4698,  Revised  Statutes 

For  permanent  specific  disabilities.    Table  of  rates,  No.  J          lio 

For  remarried  widows,  on  restoration  to  the  rolls.     A ••;••   Man 

1901,  and  February  28,  1903 

For  service  pensions,  etc.     Table  of  rates,  No.  4 

For  simple  total  disability.     Table  of  rates.  No.  i IDS 

For  total  disability.     Section  4695,   1:  i> 

For  total  disability,  certain  naval  oflicers  entitle,!  a'-conlinu'  to  rela- 
tive rank.     Arts  March  3,  1877,  and  June    > 

For  total  disability,  requiring  frequent  and  periodical  aid:  intermedi- 
ate p-ado.     Act  July  14,  1892 I" 

For  total   incapacity  for  manual  labor.     Act  March  :\,    iss:», 

For  widows  and  minors — 
Increase  in — 

Act  March  19,  18S6 I  I 

Act  April  19,  1908  (sec.  1) 47 

Two  dollars  per  month  additional  Tor  each  child  under  1C.  > 

of  age.     Section  4703,  Revised  Statutes l.~> 

Acts  June  27,  1890   (sec.  3),  and   May  9,   1900 

In  case  of  remuster.     Act  February  LM,   1S97 !<)<; 

In  claims  allowed  by  special  act.     Section  4720,  Revised  Statutes  _         !>4 
Increase — 

Act  March  2,  1895,  rates  less  than  $6  per  month 41 

Automatic.     Act  May  11,  1912   (sec.  5),  amended  by  act  March 

4,    1913 34 

Commencement  of,  section  4698$,  Revised  Statutes 40 

Indian  survivors  to  $20  per  month.    Act  February  19,  1913 15 

Loss  of  arm  at  or  above  elbow,  or  leg  at  or  above  knee.     Acts 

March  3,  1883,  and  August  4,  1886 38,  39 

Loss  of  arm  at  or  above  elbow,  or  leg  at  or  above  knee,  or  total 

disability  in  same.     Act  March  2,  1903 39 

Loss  of  arm  at  shoulder  joint  or  leg  at  hip  joint,  or  inability  to 

use  artificial  limb.     Acts  August  4,  1886,  and  March  2,  1903—        39 

Loss  of  both  feet.    Act  March  2,  1903 39 

Loss  of  both  hands.     Act  February  12,  1889 37 

Loss  of  one  hand  and  one  foot,  or  total  disability  in  same.    Act 

March  2,  1903 39 

Loss  of  one  hand  or  one  foot,  or  total  disability  in  same.     Acts 

March  3,  1883,  August  4,  1886,  and  March  2,  1903 38.  39 

Total  blindness.    Act  April  8,  1904 37 

Total  deafness.    Acts  August  27,  1888,  and  January  15,  1903 39,  40 

Total  helplessness.    Acts  June  18,  1874,  and  June  16,  1880 36 

Total  helplessness,  requiring  regular  aid  and  attendance.     Act 

March  4,  1890 40 

War  with  Mexico,  survivors.     Acts  January  5,  1893,  April  23, 

1900,  and  March  3,  1903 17 


INDEX.  179 

Rate — Continued. 

Increase — Continued.  Page. 

War  with  Mexico,  survivors  $30  per  month.    Act  May  11,  1912__  18,  32 
Widows,  minors,  and  dependent  relatives,  $12  per  month.     Act 

March  19,  1886 44 

Widows,  minors,  and  helpless  children,  to  $12  per  month.     Act 

April  19,  1908    (sec.  1) 47 

Minimum  of  $6  established   in  invalid  claims  based  on  disability. 

Act  March  2,  1895 41 

Minimum  of  $12  to  widows,  minors  under  16  years,   and  helpless 

minors.     Act  April  19,  1908   (sec.  1) 47 

Of  service  allowances,  Navy  pension  fund.     Sections  4756,  4757,  Re- 
vised Statutes 54,  55 

Of  widow's  pension  not  affected  by  additional  to  widow  or  guardian, 

under  special  act,  because  of  helpless  child.    Act  March  4,  1909 95 

Original  restored  in  certain  claims.    Act  June  9,  1880 19 

Rank  not  considered  in  determining — 

Act  June  27,  1890  (sec.  2) 29 

Act  May  9,  1900 30 

Act  February  6,  1907  (sec.  2) 32 

Act  April  19,  1908  (sec.  2) 47 

Act  May  11,  1912   (sec.  2) 33 

Rights  accruing  since  March  4,  1861,  extended  to  those  whose  rights 

accrued  prior  to  that  date.     Section  4712,  Revised  Statutes 18 

To  widows  and  minors,  same  as  that  to  which  soldier  or  sailor  en- 
titled for  total  disability.     Section  4702,  Revised  Statutes 44 

Rating.    To  be  specifically  stated  in  report  of  examining  surgeons.     Act 

May  28,  1908 82 

Record.    Name,  etc.,  to  be  kept  of  allowances  under  Act  May  11,  1912,  and 

copies  furnished.    Act  March  4,  1913 34 

Records : 

Copies,  bureau  when  furnished,  and  fees  for.    Act  August  24,  1912 108 

Making  false  entries  in ;  penalty.    Act  March  4,  1911 127 

Public,  penalty  for  forging.    Section  28,  Criminal  Code 118 

Reduction  of  pension: 

Act  June  21,  1879 81 

Act  December  21,  1893 97 

Regulations  and  instructions: 

As  to  accrued  and  reimbursement  claims 145 

As  to  appeals • 76 

As  to  applications  for  artificial  limbs  or  medical  appliances 148 

As  to  applications  for  back  pay,  extra  pay,  bounty,  or  prize  money 148 

As  to  applications  for  certificate  of  service  hi  lieu  of  lost  discharge 147 

As  to  attorneys 63 

As  to  claims  for  payment  of  pension  to  wives  of  insane  pensioners, 

or  to  wives  of  pensioners  undergoing  imprisonment 145 

As  to  claims  for  renewal  and  restoration 143 

As  to  claims  for  share  of  pension  of  inmates  of  the  Government  Hos- 
pital for  the  Insane 144 

As  to  copies  of  originals  of  papers 147 

As  to  declarations  and  evidence 130 

As  to  division  of  pension.    Act  March  3,  1899 71 

As  to  evidence  required  in  invalid  claims 134 

As  to  Navy  service  allowances 137 

As  to  pensions  to  Army  nurses 143 

As  to  pensions  to  dependent  relatives 141 

As  to  pensions  to  helpless  children 141 

As  to  pensions  to  invalids  since  March  4,  1861 133 

As  to  pensions  to  minors  since  March  4,  1861 140 

As  to  pensions  to  survivors  of  wars  prior  to  March  4,  1861,  and  their 

widows 131 

As  to  pensions  to  widows  since  March  4,  1861 137 

As  to  witnesses  and  testimony 146 

Reimbursement : 

Claims  for,   under  jurisdiction  of  Commissioner  of  Pensions.     Act 

March  4,  1909 92 

Not  paid  to  State,  county,  or  municipal  corporations.     Act  March 

3,  1905 92 


180  INDEX. 

Reimbursement — Continued.  Page. 

Of  expenses  of  last  sickness  and  burial,  when  and  to  whom  made. 

Act  March  2,  1895 91 

Regulations  relative  to  claims  for 145 

Rejected,  suspended,  or  dismissed  claims,  under  Act  June  27,  1890.    Com- 
mencement in.    Act  March  6,  1896 31 

Remarriage  : 

Bar  to  pension  imposed  by  Act  March  3.  1865,  against  certain  widows 

removed.    Act  February  28,  1903  (sec.  2) 63 

Death  or  divorce  of  second  husband,  effect  on  widow's  title  to  resto- 
ration— 

Act  March  3,  1901 51 

Act  February  28,  1903 53 

Of  widow;  title  of  minors;  Mexican  War  claims.  Section  4731,  Re- 
vised Statutes 15 

Of  widow,  dependent  mother  or  sister  not  a  bar  to  pension.  t«.  date  of. 
Section  4708,  Revised  Statutes  amended,  acts  March  : 

1)  and  February  28,  1903  (sec.  1) 51-53 

Of  widow  terminates  pension — 

Section  4702,  Revised  Statutes 44 

Act  March  9,  1878  (sec.  2) 11 

Removal,  charge  of  desertion.     (See  Application  ;  a/.so  Desertion.) 

Remuster.    Rate  of  pension  in  case  of.    Act  February  24,  18U7 

Renewal  and  restoration : 

After   dropping   account   failure   to   claim.      Section    4719,    Re 

Statutes -. 

Claim  for,  regulations  relative  to 

Of  widow  on  renewed  widowhood.     Acts  March  3,  1901,  and 

ruary  28,  1903 6 

Reports : 

False,  penalty  for  making.     Act  March  4,  1911 VJ7 

Of  examining  surgeons  t<>  he  open  to  inspection.     Act  July  1  82 

Of  special  examiners  to  be  open  to  inspection  and  copy.     Act  May 

28,  1908 6 

Resident.     (See  Citizenship;  also  Foreigners,  forei-n  residents,  and  non- 
resident. ) 
Restoration : 

Attorney  fees  in  claims  for.     Act  July  4,  1884  (sec.  4) 60 

(See  also  Table  of  attorney  fees.) 

Of  pensionable  rights  upon  removal   of  charge  of  desertion.     Act 

March  2,  1889  (sec.  8) 103 

Of  pension  to  persons  whose  claims  accrued  prior  to  March  4,  18G1 — 

Act  March  9,  1878  (sec.  5) 12 

Act  June  9,  1880 19 

Regulations  and  instructions  as  to  claims  for 14,'i 

Right  to,  extended  to  widows  on  renewed  widowhood  where  barred 
under  act  March  3,  1865,  by  reason  of  remarriage.  Act  February 

28,  1903  (sec.  2) 53 

To  duty  following  desertion,  effect  on  pensionable  status.     Act  March 

2,  1889  (sec.  4) 102 

To  pension  roll.     Section  4719,  Revised  Statutes 92 

To  rolls,  means  of  support  a  factor  in  determining  widow's  title  to. 

Acts  March  3,  1901  (sec.  1),  and  February  28,  1903  (sec.  1) 51-53 

To  rolls,  on  renewed  widowhood,  conditions  of.     Acts  March  3,  1901 

(sec,  1),  and  February  28,  1903  (sec.  1) 51-53 

To  rolls,  widow  not  entitled  to,  where  pension  has  accrued  to  minor 
or  helpless  child,  unless.  Acts  March  3,  1901  (sec  1),  and  Febru- 
ary 28,  1903  (sec.  1) 51-53 

Retention  of  discharge  papers,  etc.     Agent  or  attorney;   penalty.     Act 

May  21,  1872 114 

Retired  list.     Persons  on,  not  entitled  to  pension.     Acts  August  29,  1890, 

March  3,  1891,  May  27,  1908,  and  January  28,  1915 97 

Revenue  cutters : 

Officers   and   seamen  of,   entitled  to  pension,   when.     Section   4741, 

Revised   Statutes 21 

To  cooperate  with  Navy,  when.     Section  2757,  Revised  Statutes .        21 


INDEX.  181 

Page. 

Revenue-Cutter  Service.     Pensions  not  allowed  to  persons  in.    Act  May 
27,  1908 1        97 

Revised  Statutes,  sections  of.     (See  Table  of  contents.) 

Revolutionary  War.     (See  War  of  Revolution.) 

Rules  and  regulations: 

Governing  attorneys  before  the  Bureau  of  Pensions 63 

In  pension  and  bounty-land  appeals 76 

Secretary  of  the  Interior  may  prescribe,  governing  the  recognition 

of  attorneys.    Act  July  4,  1884  (sec.  5) 61 

(See  also  Regulations  and  instructions.) 

Rural-delivery  carriers.    Authorized  to  administer  oaths  in  execution  of 
pension  vouchers.    Act  June  25,  1910  (sec.  2) 85 

S. 

Sailors  or  other  persons  (not  regularly  mustered).     Serving  on  gunboat 

or  war  vessel,  entitled  for  disability.     Section  4693,  Revised  Statutes..        20 
St.  Elizabeth's.     (See  Government  Hospital  for  Insane.) 
Seamen : 

Of  Navy,  disabled  prior  to  March  4,  1861,  title  to  pension.     Section 

4728,  Revised  Statutes 9 

Of  revenue  cutters,  disabled  while  cooperating  with  Navy,  title  to 

pension.     Section  4741,  Revised  Statutes 21 

Secretary  of  the  Navy : 

Applications  for  20  and  10  years'  service  allowances  to  be  filed  with. 

Sections  4756  and  4757,  Revised  Statutes 54-55 

To  decide  claims  for  pension  to  be  paid  out  of  the  privateer  pension 

fund.     Section  4761,  Revised  Statutes 55 

To  invest  Navy  pension  fund,  how.    Section  4753,  Revised  Statutes 54 

To  issue  certificate  of  discharge,  etc.,  in  true  name  of  person  serving ; 

restriction.    Act  August  22,  1912 98 

To  issue  certificates  of  discharge  in  certain  cases.     Acts  August  ~14, 

1888  (sec.  4),  and  May  24,  1900 99,101 

Trustee  of  Navy  pension  fund  and  privateer  pension  fund.     Sections 

4750  and  4758,  Revised  Statutes 54 

Secretary  of  the  Treasury.     May  authorize  issue  of  duplicate  checks, 

when.    Act  February  23,  1909 86 

Secretary  of  War: 

Authorized  to  issue  duplicate  certificate  of  discharge,  when.    Section 

224,  Revised  Statutes 98 

To  furnish   discharge   certificates   to   members   of   Missouri   Home 

Guards.    Act  May  15,  1886 98 

To  issue  certificates  of  discharges,  etc.,  in  true  name  of  person  serv- 
ing; restriction.    Act  August  22,  1912 98 

To  remove  charge  of  desertion  in  cases  of  certain  Regular  and  Vol- 
unteer soldiers.    Act  March  2,  1889 101 

Seizure,  attachment,  or  levy,  pension  not  liable  to.    Section  4747,  Revised 

Statutes 93 

Service : 

Bounty-land  warrant,  prima  facie  evidence  of — 

Act  March  9,  1878  (sec.  3) 11 

Act  January  29,  1887  (sec.  3) 16 

Effect  of  honorable  discharge  from,  on  prior  contracts  of  service  not 
honorably  terminated.    Joint  resolutions  July  1,  1902  (sec.  2),  and 

June  28,  1906 105 

Length  of,  an  element  of  title — 
As  to  Civil  War — 

Act  June  27,  1890  (sees.  2  and  3) 29,  46 

Act  August  5,  1892 27 

Act  May  9,  1900 30,  46 

Act  February  6,  1907 31 

Act  April  19,  1908  (sec. -2) .__        47 

As  to  Indian  Wars.    Acts  July  27,  1892,  June  27,  1902,  and  May 

30,  1908 1  13, 14 

As  to  Navy  service  allowances.    Sections  4756  and  4757,  Revised 

Statutes 54,  55 


182  INDEX. 

Ser  vice — Conti  nued. 

Length  of,  an  element  of  title — Continued. 

As  to  Revolutionary  War.    Act  March  9,  1878  (sec.  6) 12 

As  to  War  of  1812.    Act  March  9,  1878  (sec.  1) 11 

As  to  War  with  Mexico — 

Act  January  29,  1887 1C 

Act  February  6,  1907 31 

On  active  or  retired  list  bars  right  to  pension.    Acts;  Ai.  1S90, 

March  3,  1891,  May  27,  1908,  and  January  28,  1915 97 

Pension  not  allowable  while  in,  with  certain  exceptions.     Section  4724_        97 

Prior  tc,  March  4,  1801 9-19,  131-133 

Record  of  pay  accepted  as  evidence  of,  Acts  June  27,  1902,  and  May 

30,  1908- 13, 14 

Sick  leave  and  sick  furlough.     Those  on,  how  regarded  for  pensionable 

purposes.     Section  4700,  Revised  Statutes 

Sisters.     (See  Dependent  relatives.) 
Soldiers'  Home,  Washington,  1>.  C. : 

Pension  due  deceased  inmates  of,  how  disbursed.    Act  March  3,  1883. 

Pensioned  inmates  may  allot  pensions.    Act  March  3,  1883 

Pensions  of  inmates,  how  disbursed.    Act  March  3,  1883 

Pensions  of  inmates  payable  to  treasurer.     Act  March  3,  1883 88 

Soldiers'  homes.     ( ,xv*  National  Home,  Disabled  Volunteer  Soldiers,  and 
also  State  soldiers'  homes.) 

Soundness.     At  enlistment  presumed.     Act  March  3,  1885 43 

Spanish  War: 

Date  of  marriage  'Iocs  not  affect  title  of  widows  based  on  service  in. 

Act  March  3,  1899 48 

Volunteers  in,  status  of.    Act  April  22,  1898  (sec.  12) 106 

Special  acts: 

Additional  pension  granted  by.  on  account  of  helpless  child,  not  to 
affect  rate  to  which  widow  may  be  entitled  in  her  own  right.    Act 

March  4,  1909 95 

Attorney's  fee.    Acts  March  3,  1891,  and  May  28,  1908 116, 117 

Pensions  under,  equalized.     Act  June  6,  1874 94 

Pensions  under,   to  be  in   addition   to   those  allowed   under   general 

laws,  except.    Act  July  25,  1882 95 

Pensions  under,  subject  to  provisions  of  general  pension  laws,  un 

Section  4720,  Revised  Statutes 94 

Rate,  commencement  and  duration  of  pension  granted  by.     Section 

4720,  Revised  Statutes 94 

Suspension  of  pension  in  case  of  fraud.     Section  4720,  Revised  Stat- 
utes         it  I 

Special  examinations : 

Commissioner  of  Pensions  may  apply  for  subpoena  for  witness  in. 

Section  184,  Revised  Statutes,  and  act  July  25,  1882 7,  8 

Compensation   for   witnesses   subpoenaed   in.      Section    18f>,    Revised 

Statutes,  and  act  July  25,  1882 7,8 

Witnesses  under  subpoena  who  fail  to  appear  or  refuse  to  testify,  may 
be  compelled  to  appear  or  be  punished  for  disobedience  by  the  court 

issuing  the  process.    Section  186,  Revised  Statutes 7 

Special  examiners: 

Clerks  detailed  as.     Section  4744,  Revised  Statutes,  as  amended  by 

act  July  25,  1882 6 

May   administer   oaths.     Sections  183  and  4744,   Revised    Statutes. 

Acts  March  3,  1891,  and  February  13,  1911 6,  7 

Reports  of,  to  be  open  to  inspection,  etc.    Act  May  28.  1908 »', 

Special   medical  examinations.     Commissioner  of  Pensions    may   order. 

Section  4775,  Revised  Statutes 80 

Specific  disabilities.     Rates  for 110 

State  agents  or  commissioners.     Not  entitled  to  attorney's  fee,  in  pension 

claims 71 

State  soldiers'  homes: 

One-half  pension  of  inmates  payable  to  wife,  minor  children,  or  per- 
manently helpless  and  dependent  child,  when.    Act  March  3,  1899 87 

Pensions  of  inmates  to  be  paid  to  them  directly.    Act  May  28,  1908 90 


INDEX.  183 

Statute  of  limitations:  Page. 

When  operative.    Section  1044,  Revised  Statutes 114 

When  statute  does  not  run.    Section  1045,  Revised  Statutes 114 

Statutes  at  large.     (See  Table  of  contents.) 

Stenographer.     May  be  employed  by  special  examiner  on  authorization 

of  Commissioner  of  Pensions.     Act  July  25,  1882 6 

Subornation  of  perjury.     (See  Crimes.) 
Subpoena : 

Commissioner  of  Pensions  may  apply  for  issue  of.     Act  July  25,  1882_          8 
Head  of  department  or  bureau  may  apply  for  issue  of.     Section  184, 

Revised  Statutes 7 

Superintendent.     Government    Hospital    for    the    Insane,    pensions    of 

inmates  to  be  paid  to.    Acts  February  20,  1905,  and  February  2,  1909-  90,  91 
Support.     (See  Means  of  support.) 
Surgeons : 

Acting  assistant  or  contract,  pensionable  status  of.     Section  4693, 

Revised    Statutes 20 

Appointment  and  organization  of  boards.     Act  July  25,1882  (sec.  4)_         81 
Board  of  examining,  certificate  of,  subject  to  approval  of  Commis- 
sioner of  Pensions.     Section  4698£,  Revised  Statutes 40 

Certificate  of  examining  surgeon  to  contain  full  description  of  physi- 
cal condition  of  claimant.     Act  July  25,  1882  (sec.  4) 81 

Civil,  for  examining  pension  claimants,  designation  of;  fee.     Section 

4777,  Revised  Statutes 80 

Commissioner  of  Pensions  may  inspect  boards  of.    Act  August  8, 18S2_    5,  87 
Commissioner  of  Pensions  may  select  board  of,  for  appeal  cases.     Sec- 
tion 4775,  Revised  Statutes 80 

Examination  by,  at  claimant's  home,  when  made.     Act  July  25,  1882 

(sec.  4) 81 

Expert,  Commissioner  of  Pensions  may  employ;  fee.     Act  July  25, 

1882 81 

Fee  for  examination.     Act  July  25,  1882  (sec.  4) 81 

Fee  for  examination  in  foreign  country.     Act  July  25,  1882  (sec.  4)_         81 
Fee  for  special  medical  examinations.     Section  4775,  Revised  Stat- 
utes          80 

Increase  of  fee  to.     Act  May  28,  1908 82 

Number  of  applicants  to  be  examined  each  day.     Act  May  28,  1908 82 

No  fee  paid  member  of  board  not  participating.     Acts  July  25,  1882 

(sec.  4),  and  May  28,  1908 81 

Qualified,  appointment  and  duties  of.     Section  4776,  Revised   Stat- 
utes          80 

Regularly  appointed,  not  to  receive  fee  as  an  expert.    Act  July  25, 1882 

(sec.  4) 81 

Report  of,  to  be  open  to  inspection.     Act  July  18,  1894 82 

Report  of,  to  specifically  state  rating.     Act  May  28,  1908 82 

Special  board  of  review,  organization  of.     Act  July  25,  1882  (sec.  4)_         81 

Traveling  expenses  allowed,  when.     Act  May  28,  1908 82 

Sugeon  General,  United  States  Army.     Application  for  artificial  limbs 

and  mechanical  appliances  to  be  made  to 148 

Suspension  of  pension : 

For  fraud  in  obtaining  pension  by  special  act.     Section  4720,  Revised 

Statutes 94 

In  claims  for  one-half  pension.     Act  March  3,  1899 87 

Regulations  relative  to 143 

Thirty  days'  notice  requisite  before.     Act  December  21,  1893 97 


Table  of  attorney  fees 70,  71 

Tables  of  rates : 

Table  1.  For  simple  total   (a  disability  equivalent  to  the  anchylosis 

of  a  wrist)  provided  by  section  4695,  Revised  Statutes__       108 

Table  2.  Permanent  specific  disabilities 110 

Table  3.  Rates  fixed  by  Commissioner  of  Pensions  for  certain  dis- 
abilities not  specified  by  law 111 

Table  4.  Miscellaneous   rates   112 

70942°— 17 13 


184  INDEX. 

Termination  of  pension :  Page. 

Minor's  terminates  on  attaining  age  of  16.     Section  4702,  Revised 

Statutes    44 

Open   and  notorious  adulterous  cohabitation  of  widow   results   in. 
Act  August  7,  1882  (sec.  2) 44 

Remarriage  of  widow,  dependent  mother  or  sister  results  in. 
tion  4708,  Revised  Statutes,  as  amended  by  acts  March  3,   liXM. 

and  February  28,  1903 G 

(See  also  Dropping  name  from  pension  roll.) 
Termination   of  service.     For  pensionable  purposes;   date  of.     Section 

4701,  Revised  Statutes 105 

Testimony.     Witnesses,  instructions  relative  to 146 

Total  disability.    Rate  for.    Section  4695,  Revised  Statutes 28 

Total  helplessness.     Invalid  claims.    Table  of  rates 11<> 

Traveling  expenses: 

Of  certain  officers  and  clerks  to  be  reported  annually  by   i 

departments  to  Congress.     Act  May   •_:•_'.    UHKS 

Of  surgeon,  when  allowed.     Act  May  28,  1008 82 

Treasurer : 

Of    Soldiers'    Home,    Washington.    D.    C.,    pensions    of    ini 

payable  to.     Act  March  3.  1SS3 88 

Of    National    Home,    Disabled    Volunteer    Soldiers,    pensions    of    in- 
mates paid   to.     Acts  February   ir>.    1^1.   and   Auirusr   7,    U 
Trusses.    Applications  for,  to  be  made  to  Surgeon  General.  Unite. 

Army    148 

Two  pensions.     Prohibited  for  same  period.     Section  471"),  Revised  Stat- 
utes    94 

U. 
Unclaimed  pensions: 

After  three  yrars.  name  of  pensioner  .4ricken  from  rolls;  restoration. 

Section   4719.    Revised    Statutes !rj 

Instructions  relative   to 1-13 

United  States  commissioner: 

Authorized  to  administer  oaths  and  take  acknowledgments.     Section 

1778,   Revised   Statutes 

Required  to  have  an  ollicial    seal.     Act   June  is.    Hinr; ~7 

United  States  officer : 

Accepting  bribe;   penalty.     Section  117,   Criminal   Code 125 

Bribery  of;  penalty.     Section  30,  Criminal  Code 

Extortion   by.      Section   85,    Criminal   Code lir_' 

False  impersonation  of;  penalty.     Section  32,  Criminal  Code 110 

Interested  in  claims  against  the  United  States;  penalty.    Section  100. 

Criminal    Code 123 

Taking  compensation  in  matters  to  which  the  United  States  is  a 

party  ;  penalty.     Section  113,  Criminal  Code 124 

To  administer  oaths  in  execution  of  pension  vouchers  free  of  charge. 

Act  March  1,  1889 85 

(See  also  Officers  and  Government  officers  and  employees.) 

V. 

Vested  right    Extent  of.    Act  December  21,  1893 97 

Veteran  furlough.    Line  of  duty.    Section  4700 

Vicious  habits.     Effect  of,  on  pensionable  rights.     Acts  June  27,  1890 

(sec.  2),  and  May  9,  1900 20.30 

Volunteers.     On  same  footing  as  regulars  in  respect  to  pensions.     Act 

April  22,  1898 1 106 

Vouchers : 

Blanks  to  be  furnished.    Section  4767,  Revised  Statutes 85 

'For  pension,  may  be  executed  before  fourth-class  postmasters.     Act 

August  23,   1894 85 

For  pension,  may  be  executed  before  rural-delivery  carriers.     Act 

June  25,  1910  (sec.  2) 85 

For  pension,  may  be  executed  before  United  States  officers  free  of 

charge.    Act  March  1,  1889 85 

For  pension,  to  be  executed  on  or  after  the  fourth  day  of  the  month 

in  which  payable.    Section  4764,  Revised  Statutes 84 


INDEX.  185 


Vouchers  —  Continued. 

May  be  executed  before  whom  — 

Act  March  1,  1889  ____________________________________________         85 

Act  July  26,  1892  ____________________________________________         56 

Act  August  23,  1894  __________________________________________  -85. 

Act  June  25,  1910  (sec.  2)  ___________________________________         85 

Payment  without  authorized.    Act  August  17,  1912  _________________        83 

Postdating;  penalty.    Act  July  7,  1898  _____________________________  117 

To  pensioner  quarterly.    Section  4764,  Revised  Statutes  _____________        84 

» 

W. 
War  of  1812: 

False  oath  in  claims  deemed  perjury.    Act  March  9,  1878  (sec.  3)  ___        11 
Service  pension  — 

Act  March  9,   1878  ___________________________________________        11 

Regulations  and  instructions  __________________________________       131 

War  of  the  Rebellion  : 

Act  February  6,  1907,  extended  to  certain  survivors  of.    Act  March  4, 

1907  __________________________________________________________         32 

Age  and  service  elements  of  title.     Acts  February  6,  1907,  and  May 
11,    1912  _______________________________________________________  31,  32 

Desertion  from  service  in,  certain  sailors  and  soldiers  relieved  from 

charge  of.     Acts  August  14,  1888,  and  March  2,  1889  _____________  99-103 

How  affected  by  honorable  discharge  from  later  contract  of  service. 

Joint  resolution  July  1,  1902  (sec.  2),  and  act  June  28,  1906  ______      105 

Disloyalty  — 

A  bar  to  pension.     Section  4716,  Revised  Statutes  ______________        95 

Bar  removed  in  certain  cases  — 

Act  August  1,  1892  _______________________________________        96 

Joint  resolution  July  1,  1902  (sec.  1)  ______________________        96 

See  also  Note  to  section  4716,  Revised  Statutes  ______________  __        95 

Officers  to  take  rank  from  date  of  appointment,  when.     Act  Febru- 

ary 24,  1897  ___________________________________________________       106 

Pensions  granted  for  disability  service  origin  — 

Dependent  relatives.     Section  4707,  Revised  Statutes  ___________        49 

Invalids.     Section  4692,  Revised  Statutes  ______________________         20 

Widows  and  minors.     Section  4702,  Revised  Statutes,  as  amended 

by  act  August  7,  1882  ____________________________________         44 

Period  of  service  element  of  title- 

Act  June  27,  1890  (sees.  2  and  3)  _____________________________  29,46 

Act  August  5,  1892  ___________________________________________         27 

Act  May  9,  1900  ______________________________________________  30,46 

Act  February  6,  1907  _________________________________________        31 

Act  April  19,  1908  (sec.  2)  ___________________________________        47 

Act  May  11,  1912  ____________________________________________         32 

Regulations   and   instructions    relative   to   claims    based    on    service 

in  ____________________________________________________________       133 

Unable  to  perform  or  unfit  for  manual  labor.     Act  May  11,  1912  _____         33 

War  of  Revolution.     Pensions,  account  of  __________________________  9-12,  131 

War  vessels.     Persons  serving  on,  not  regularly  mustered,  status  of.     Sec- 

tion 4693,  Revised  Statutes  _____________________________________        20 

War  with  Mexico: 

Act  February  6,  1907,  extended  to  certain  survivors.     Act  March  4, 

1907  ___________________________________________________________        32 

Disability  incurred  in  service.     Section  4730,  Revised  Statutes  ______         15 

False  oath  in  claims  deemed  perjury.     Act  January  29,  1887  (sec.  3)  __         16 
Gray's  batallion,  survivors  and  widows.     Act  February  17,  1897  ____         18 

Powell's  batallion,  survivors  and  widows.     Act  March  3,  1891  _______         18 

Rates  increased.     Acts  January  5,  1893,  April  23,  1900,  and  March 
3,  1903  ________________________________________________________         17 

Regulations  and  instructions  relative  to  ___________________________       132 

Survivors.     Act  February  6,  1907,  age  and  service  _________________  18,  31 

Survivors  and  widows,  service  pension.     Act  January  29,  1887  ______         16 

Survivors.     Thirty  dollars  per  month  account  service.     Act  May  11, 

1912  __________________________________________________________  18,  32 

Widows  and  minors  when  death  due  to  service.     Section  4731,  Re- 

vised Statutes...  15 


186  INDEX. 

War  with  Spain: 

Date  of  marriage  does  not  affect  title  of  widows  based  on  service 
in.     Act  March  3,  1899 48 

Volunteers,  status  of.     Act  April  22,  1898  (sec.  12) 106 

West,  Department  of  the.     Officers  and  men,  entitled  to  pension,  when. 

Act  March  25,  1862  (sec.  2) 25 

Western   Gunboat  Fleet.     Transferred  from   War  to   Navy   Department. 

Act  July  16,  1862 43 

Widows : 

Abandonment  of  minor  child  by,  forfeits  title.     Section  470G,  K« 

Statutes 48 

Accrued  pension,  title  thereto.     Act  March  "2.  1^)5 91 

Adulterous  cohabitation,  forfeits  nth-.    Act  August  7.  isxi> 44 

Cause  of  death  of  husband  not  due  to  service.     Acis  .June  U7.  1890, 

May  9,  1900,  and  April  19,  1908 

Commencement,  general  laws.     Art  .June  7,  1S88 45 

Continuous  cohabitation  to  date  of  husband's  death.     Art   .March  3, 

1899 48 

Death  of  husband  due  to  service  since  March  -\,  lxr,i.     Section  470'J, 

Revised  Statutes,  as  amended  by  Act  August  7,  1882 44 

Entitled   to  increase  account    minor   children,   if  such    minors   main- 
tained   by    State    or    public    institution.       Section    4703,    Revised 

Statutes 45 

Entitled  to  increase  account  of  minors  by  former  wife  when  ch:*: 

with  maintenance.     Section  47O,",.  Revised  Statutes 45 

Increase  account  of  minor  children.    Section  4703,  Revised  Statutes —         45 

Increase,  limitation.     Act   March   1!>.  ISStJ 44 

Indian  Wars.    Acts  July  27,  1S92.  .June  27,  19u-j,  and  May  30.  1!)08__  13,14 
Marriage,  proof  of,  colored  and   Indian  soldiers.     Section  4705,   Re- 
vised Statutes 48 

Marriage  legality  of,  how  proven.     Act  August  7,  1882  (sec.  2) 44 

Mexican  War.     Act  January  29,  1887 16 

Missouri  State  Militia  and  Provisional  Missouri  Militia,  death  due  to 

service.     Section  4722,  Revised  Statutes 22 

No  pension  during  time  husband  received  one.     Section  4735,  Revised 

Statutes 53 

Payment  of  pension  to,  conditions  as  to  date  of  marriage.    Act  March 

3,  1899 48 

Rate  not  affected  by  additional  grant  by  special  act,  account  of  help- 
less child.     Act  March  4,  1909 9.1 

Regulations  and  instructions  relative  to(Claims  of 131,137 

Remarriage  terminates.     Section  4708,  as  amended  by  acts  March  3, 

1901,  and  February  28,  1903 51-53 

Renewal.     Section  4708,  Revised  Statutes,  amended  by  acts  March  ;•>. 

1901,  and  February  28,  1903 51-53 

Revolutionary  War.    Act  March  9,  1878 12 

Service  of  soldier  prior  to  March  4,  1861,  half  pay  allowance 9 

Soldiers  murdered  at  Centralia,  Mo.    Act  March  3,  1S75     45 

Title.    Acts  June  27.  1890.  May  9,  1900,  and  April  19,  19ox 46,47 

War  of  1812.     Act  March  9,  1878 11 

War  of  1812  and  Revolutionary  War.    Act  March  9,  1878__  _  11, 12 

Wife: 

Claim  for  pension  of  imprisoned  husband.     Regulations  and  instruc- 
tions relative  to 145 

Claim  of,  for  pension  of  insane  husband  not  under  guardianship, 

regulations  and  instructions  relative  to 145 

One-half  pension  payable  to,  when.    Act  March  3,  1899 87 

Regulations    and    instructions    relative    to    claims    by,    for    one-half 

pension 71 

Withholding  of  pension : 

By  agent  or  attorney;  penalty — 

Act  July  4,  1884  (sec.  4) 115 

Act  June  27,  1890  (sec.  4) 115 

Act  April  19,  1908   (sec.  3) 117 

Not  without  30  days'  notice.    Act  December  21,  1893 97 

Prohibited,  when.    Section,  4734,  Revised  Statutes 98 


INDEX.  187 

Witnesses :  Page. 

Accepting  bribe ;  penalty.    Section  134,  Criminal  Code 126 

Commissioner  of  Pensions  may  secure  subpoena  for.     Act  July  ~25, 

1882 o 

Compensation  of.     Section  185,  Revised  Statutes"_I___"""""II  _7 
Head  of  department  or  bureau  may.  subpoena.    Section  184,  Revised 

Statutes 7 

May  be  compelled  to  testify ;  process.    Section  186,  Revised  Statutes  7 

Witnesses  and  testimony.    Regulations  and  instructions  relating  to 146 

O 


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